r 


WTBESIT 


REGISTER 


LITERARY  AND  SCIENTIFIC  DEPARTMENTS: 


INCLUDING 


1—  COLLEGE  OF  LETTERS: 
(i)—  CLASSICAL  COURSE; 
(2)—  LITERARY  COURSE; 

2—  COLLEGE  OF  AGRICULTURE; 

3—  COLLEGE  OF  MECHANICS; 


4—  COLLEGE  OF  MINING; 

5—  COLLEGE  OF  ENGINEERING 

6—  COLLEGE  OF  CHEMISTRY; 

7—  COLLEGE  OF  LAW; 

8—  COLLEGE  OF  MEDICINE; 


9—  COLLEGE  OF  PHARMACY. 


1879-8O. 


-x 


The  subject  of  irrigation,  it  may  well  be 
claimed,  is  the  most  important  considera- 
tion affecting  the  welfare  of  the  State  as  a 
whole  which  has  ever  confronted  the  peo- 
ple of  California.  It  will  ba  conceded 
without  question  that  it  is  in  the  develop- 
ment of  her  agricultural  r.nd  horticultural 
possibilities  that  the  greatest  and  most 
permanent  sources  of  wealth  and  pros- 
perity in  this  State  are  to  be  found. 
While  it  is  true  that  many  branches  of 
the  industries  mentioned  have  been  suc- 
cessfully pursued  in  various  localities 
without  the  aid  of  irrigation,  yet  it  must 
be  conceded  that  development  on  those 


tion  as  an  aid  to  the  fanner,  is  seen  iriThY 
fact  that  whereas  but  a  few  years  since  the 
irrigated  area  was  confined  to  a  compara- 
tively limited  locality  in^  the  southern 
part  of  the  State,  irrigation  enterprises 
are  now  either  in  full  operation  or  are 
being  actively  promoted  all  the  way  from 
Mexico  to  the  Oregon  boundary  line. 
Many  localities  which  in  the  past  most 
Persistently  maintained  that  irrigation 
was  not  needed  have  fallen  into  line,  and 
ere  now  prominent  in  the  movement, 
which  will  not  cease  until  every 
acre  of  arid  land  '  shall  have 


been     provided     with 
making  it  productive. 


the     means    for 

lines  has  nearly  if  not  quite  reached  "the   f**™?  "  ^active.     All  the  way  from 
utmost   extent    of   which    it    is  capable  iSan  DieS°  to  fehasta  com^  the  note  of  the 
Further  progress  to  any  considerable  ex-  !;naa^uration  of  enterprises  by  which  arid  ! 
lent  must  depend  in  great  measure  upon  |Jands  are  *°  be  Declaimed  through  the  aid 
the  facility  with  which  land  and  water  may   °*  "     d  caPtlve'  and  fertile  lands   to 

be  brought  into  the  closest  relationship  ',9  mad°  ev<m  more  Produ'tive  through 
For  many  years  it  was  considered  a  mark  '  Bame  agenc^'  The  Periodical  sum- 
of  superiority  for  any' particular  locality  to  ""^  **f*  th*  *r°Wfch  in  P°Palatioa  and 
be  able  to  claim  that  "crops  could  bo  grown  *  16  8tate  and  Nati(m  emphasizes 

without  irrigation."  Why  this  should  W  a11  '  force  of  iQdispatable  facts 
haye  been  so  is  one  of  those  things  that  a°d  figure3  that  the  greater  portion  of 
passes  understanding.  When  it  is  learned  j?.  advanceraent  made  in  this  State 
that,  through  irrigation,  the  single  great  "  lm  PaSt  decade  has  been  almost 

element  of  chance  is  eliminated  from  the  exclasively  confined  to  thoso  districts 
operations  of  the  farmer,  who  is  thereby  *hCM  lmSation  is  practiced.  As  will  be 
made  independent  of  the  freaks  and  shown  in  uetaii'  the  contrast  between 
idiosyncrasies  of  the  weather  and  is  en.  lthese  locallties  a"d  those  where  irrigation 
ablod  to  plow  and  plant  in  the  absolute  is  unavallable»  or  wijere  opportunities  for 
certainty  of  harvesting,  whether  the  rain-  '•*  doinS  have  n°t  been  taken  advantage 
fall  be  light  or  heavy,  one  would  naturally  '  U  81mply  BtartlinS-  Without  excep- 
•uppose  that  such  a  boon  would  be  re-  v  wherever  lrrigation  enterprises  have 
garded  as  little  less  than  priceless.  Cer-  a  ^au*nrftted'  there  has  been  a  rapid 
tainly  if  an  Eastern  farmer  we-e  asked  gf°*  in  D°lh  P°Puiatloa  and  wealth, 
what  was  the  greatest  drawback  under  •rh°usands  of  acres  of  hitherto  worthless 

which  he  labored,  he  would   assuredlv  re-         <  ,      „ converted  int<>  orchards  J 

_lv  tll  i  «nd  vineyards  of  phenomenal  productive- 

ply  that  it  was  the  painful  irregularity  of    „<**„     r-+- 

ness.    Cities  and  towns  have  sprung  up  tn 

an  almost  magical  manner,'  railroads 
have  been  built  in  every  direction,  and 
wealth  has  multiplied  by  tens  of  mil- 
lions. 

On  the  other  hand,  with  few  exceptions, 
the  unirrigated  sections  have  either  stood 

lation  has  in  many  cases  fallen  off,  wealth 
has  decreased  and  a  general  era  of  stag- 
nation has  set  in.  The  old  cry  of  the 
lack  of  necessity  for  irrigation  has  lost  its 
ue  it  is  still  sometimes 


the  rainfall,  through  which  his  fields  were 
liable  to  be  flooded  at  one  time  or  burned 
up  at  another,  and  were  he  to  be  assured 
that  an  easily  found  remedy  existed  there- 
for he  would  go  to  any  extent  to  avail 
himself  thereof. 

derstood  all  the  time,  and  it  has  gradually 
come  about  that  irrigation,  instead  oi 
being  regarded  as  a  process  to  be  avoided, 
if  possible,  and  only  made  use  of  when 
driven  to  by  necessity,  is  now  welcomed  as 
a  means  of  escape  from  bondage,  and  one 
of  the  greatest  boons  that  was  ever  de- 
Tised  for  the  benefit  of  the  tillers  of  the 
•oil. 

The  remarkable  advance  that  has    been 


the  undeniable  records  showing  the  com- 
parative progress  of  irrigated  and  unirri- 
gated  sections.  In  the  face  ot  those 


^  ^Ai      .,  ctionx      in    the    face    ot     those 

made  in  the  popular  confidence  1inmiga-  records  the  most  ardent   anti-irrigationist 


niuat  hold  his  pesce.  He  is  not  left  with  , 
an  argument  which  is  not  completely  j 
answered  beforehand. 

Important  as  irrigation  is,  however,  and  ; 

|  great  us  has  been  the  progress  made  dur- 

!  ing  the  last  decado,  a    critical  point   has 

I  now    been     reached.      Difficulties     have 

;  arisen  which  require  to  be  surmounted  if 

any  great  degree  of  further   development 

is  to  be  expected.     From  a  merely  local  or 

I  individual  question  irrigation  has  become 

a  subject  of  national  importance.      It  is 

useless,  however,  to  look    to  the  general 

Government  for  assistance  in  this  matter, 

and  hence  the  difficulties  must  be  met  and 

conquered  at  home,  or  at  least  within  the 

boundaries  of   this    State.      What    those 

difficulties  are  and  how  It  is  proposed  to 

meet  them  it  is  the  task  of  the  CHRONICLE 

to  show,  and  they  will  be  briefly  outlined 

here. 

"  The  first  systems  of  irrigation  made  use 
of  in  California  were  of  the  crudest  char- 
acter. A  single  settler  near  some  source 
of  supply  built  a  small  canal  and  diverted 
the  water  upon  his  own  land.  Sometimes 
a  dozen  or  more  neighboring  farmers 
joined  in  a  sort  of  co-operative  plan  and 
constructed  and  maintained  the  canal  to- 
gether. Only  the  most  readily  and  cheaply 
obtainable  water  was  utilised.  No  expen- 
sive work  was  done  on  the  canals,  there 
being  rarely  any  outlay  beyond  the  per- 
sonal services  of  the  irrigators  them- 
selves. Many  such  systems  were  con- 
structed without  the  expenditure  of  a  dol- 
lar in  money.  This  plan  lasted  very  well 
so  long  as  irrigation  was  practiced  on  but 
a  small  scale  and  population  remained 
sparse.  But  as  time  went  on  the  land  be- 
came occupied  by  thousands  who  desired 
water  for  irrigation.  Individual  enter- 
prise and  capital  were  unequal  to  the  task 
of  supplying  this  demand,  and  hence 
arose  the  stock  company  for  the  construc- 
tion of  irrigation  works.  Canals  were 
built  costing  hundreds  of  thousands  of 
dollars,  and  water  was  diverted  from 
every  available  source.  Under  this  sys- 
tem many  of  the  most  prosperous  settle- 
ments in  the  State  were  founded,  and 
millions  of  dollars  were  invested,  which 
bore  fruit  in  the  rapid  increase  of  popula- 
tion and  wealth. 

As  time  went  on,  however,  it  became 
apparent  that,  valuable  as  this  method  of 
irrigation  development  had  proved,  it  pos- 
sessed features  which  were  of  an  objec- 
tionable character.  It  tended  to  the  crea- 


tion of  a  monopoly  in  water,  by  which  the 
owners  of  land  needing  irrigation  were  at 
the  mercy  of  corporations  who  had  the 
power  to  increase  the  rates  demanded  at 
their  own  will.  Obliged  to  have  the  water 
or  see  his  growing  crops  perish  from 
drought,  the  farmer  found  himself  in  a  j 
most  unpleasant  situation,  and  a  very 
little  experience  showed  the  necessity  of 
so  complete  a  wedding  of  land  and  water 
that  the  one  should  control  the  other, 
and  there  should  be  no  diversity  of  in- 
terest. 

Then,  too,  all  the  easily  available  sources 
of  supply  were  utilized,  while  there  still 
remained  many  millions  of  acres  of  land 
desiring  and  needing  irrigation.  To  pro- 
vide such  lands  with  water  involved  the 
expenditure  of  vast  sums,  far  beyond 
what  private  capital  could  be  induced  to 
invest.  Storage  reservoirs  were  seen  to  be 
a  necessity,  while  the  construction  of  ex- 
pensive systems  of  canals  was  needed  to 
cover  the  vast  area  of  arid  lands  that 
could  only  be  mado  productive  through 
the  aid  of  irrigation.  „ 

Various  suggestions  were  made  to  meet 
the  emergency,  and  finally  from  the  neces- 
sities of  tho  situation  and  the  crystalliza- 
tion of  opinion  upon  the  subject  arose  the 
passage  of  the  measure  known  as  the 
Wright  Irrigation  law.  As  amended  that 
law  is  given  herewith,  being  the  founda- 
tion upon  which  there  is  certain  to  be  a 
growth  through  irrigation  development 
which  shall  throw  into  the  shade  all  that 
i  has  been  accomplished  heretofore.  Thai 
;  law  has  ?tooti  the  tesrs  of  the  cour< 
j  been  pronounced  constitutional  by  re- 
peated decisions,  and  is  regarded  wher- 
ever irrigation  is  a  necessity  as  an  epi- 
tome of  the  best  knowledge  upon  the  sub- 
ject. 

This  law  provides  for  a  district  system 
of  organization,  by  which    the    people  in 
•  any    given    section,    the  lands    of  which 
are    irrigable    from    a    common    source, 
may    form    an    irrigation    district   simi- 
lar   to    all     intents     and     purposes    to 
a     municipal     corporation  —  a     city    or 
county.      Having    determined    upon  the 
source  of  supply  and   tho   most  feasible 
manner    of    constructing    the     necessary 
t  works,  estimates  are  made  of   the  cost   oi 
such  works  and  the  people   interested   are 
empowered  to  vote  bonds   to    defray  that 
:  cost.     These  bonds  are  a    first  lien  upon 
I  ail  the  property  in  the  district  to  be   bene- 
fited, and  the  payment  of  interest  thereon 


A  type  of  the  effects  of  irrigation. 


and  their  redemption  is  to  be  made 
through  taxes  regularly  levied  and  col- 
lected in  the  same  manner  as  in  the  case 
of  city  or  county  bonds.  Manifestly,  such 
a  security  as  this  possesses  features 
scarcely  surpassed  by  any  other  that  could 
be  mentioned.  Ifc  is,  in  reality,  a  first 
I  mortgage  upon  all  lands  in  the  district. 
But,  unlike  the  money  loaned  upon  mort- 
gages, the  proceeds  of  these  bonds  are 
directly  devoted  to  the  enhancement  of 
the  value  of  the  original  security,  thus 
giving  them  an  added  value  which  is  sur- 
passed by  no  other  form  of  bond. 

As  will  1?9  shown  in  the  discussion  of 
•  the  legal  aspects  of  the  situation,  these 
'  bonds  have  exactly  the  same  foundation  as 
acity  orcounty  bond,  and  they  should  be  as 
favorita  an  investment  as  such  securities. 
No  one,  of  course,  will  be  so  foolish  as  to 
put  himself  on  record  as  indorsing  the 
bonds  o|  each  and  every  district  that  may 
be  organized.  There  may  be  fatal  defects 
in  various  respects  that  can  only  be  ascer- 
tained by  investigation.  But  the  broad 


of  the  district  to  meet  its  obligations,  just 
as  in  negotiating  a  loan  on  a  piece  of  city 
property  it  is  necessary  to  search  the 
title,  appraise  the  value,  etc. 

Under  the  Wright  law  there  have  been 
some  thirty-two  districts  organized,  and 
bonds  to  a  large  amount  have  been  issued. 
In  some  cases  these  securities  have  been 
used  in  payment  for  water  rights  and  irri- 
gation works  already  constructed,  but  in 
the  majority  of  instances  it  was  expected 
to  sell  the  bonds  and  devote  the  proceeds 
to  the  construction  of  the  necessary  works. 
Unfortunately,  at  this  juncture  an  obsta- 
cle was  encountered  in  the  shape  of  a  very 
general  popular  ignorance  in  regard  to  the 
subject.  This  ignorance  prevented  that 
confidence  from  being  reposed  in  irrigation 
bonds  as  a  security  which  was  absolutely 
essential  to  assist  in  their  disposition. 
While  there  was  no  avowed  opposition  to 
them,  still  the  attitude  of  non-interest  was 
as  fatal  to  the  inducement  of  investment 
from  the  outside  as  active  opposition  ; 
would  have  been. 

It  became  evident,  therefore,  that  a  cam-  j 
paign  of  education  was  necessary,  and  int.) 
that  campaign  the  CHRONICLE  has  entered 
heart  and  soul.  The  irrigators  themselves  • 
have  done  good  work  during  the  last  two  ' 
months  in  obtaining  the  indorsement  of 
prominent  commercial  bodies   and  busi- 
ness men   for  irrigation  bonds.     Their  ef-  j 
forts,  however,  have  been   handicapped  in 


more  ways  than  one.  The  lack  of  a  con- 
cise and  complete  statement  of  the  entire 
situation  has  been  keenly  felt,  while  the 
multiplicity  of  questions  that  arise  re- 
quire yast  labor  and  much  time  in  ex- 
planation. 

In  the  present  edition  the  CHEONTCLK 
has  undertaken  the  (ask  of  presenting  the 
entire  question  in  such  shapo  that  every 
possible  inquiry  can  be  met.  The  Wright 
law  and  all  its  amendments  is  given,  so 
that  those  interested  can  study  it  for 
themselves  and  become  familiar  with  all 
its  minutiae.  Concise  summaries  of  the 
scope  of  the  law  are  also  £;;;*m  by  ab)3 
writers,  so  that  readers  with  no  taste  for 
legal  terms  can,  at  a  glance  almost,  under- 
stand just  what  the  law  provides. 

Supplementary  to  the  law  and  its  ex- 
planation, a  history  of  the  litigation 
which  has  arisen  in  various  districts  is 
given,  showing  the  points  covered  by  the 
repeated  decisions  of  the  Supreme  Court, 
in  every  one  of  which  the  constitutional- 
ity of  the  law  has  been  sustained.  This 
portion  of  the  history  of  the  act  should 
be  read  with  especial  care,  as  it  affords  tha 
clearest  exposition  of  the  various  dis- 
puted points,  an  understanding  of  which 
will  prevent  much  misconception  and 
clear  away  a  great  deal  of  misapprehen- 
sion which  might  otherwise  result  in  un- 
necessary litigation. 

Contributions  upon  the. subject  of  irri- 
gation trorn  the  pens  of  such  able  finan- 
ciers and  business  men  as  C.  P.  Hunting- 
ton,  A.  L.  Rhodes,  Francis  S.  Newlands 
and  others  are  given,  showing  the  estima- 
tion in  which  irrigation  is  held  by  then., 
as  a  factor  in  the  development  of  the 
State  and  the  building  up  of  the  wealth  of 
ihe  people.  The  value  of  irrigation  bonds 
as  a  security  is  also  touched  upon  in  no 
uncertain  terms,  and  their  indorsement, 
coming  from  such  a  source,  is  one  of  the 
strongest  that  could  be  received. 

Supplementary  to  these  papers  are  tho 
written  indorsements  of  a  large  number  of 
the  most  prominent  bankers  in  this  city 
and  throughout  the  State,  in  which  irri- 
gation bonds  are  recommended  as  a  high- 
class  security.  Many  of  these  indorse- 
ments come  from  financiers  who  have  had 
an  opportunity  of  personally  watching  the 
growth  of  wealth  through  irrigation  enter- 
prises, and  who  are  fully  aware  of  the 
value  of  securities  based  upon  such  a 
foundation. 

*  A  particularly  notable  feature  is  the 
series  of  interviews  with  leading  business 
men  upon  the  subject  of  irrigation.  These 


interviews   are   especially  valuable   as  re- 
moving the  impression  that  hag   obtained 
to  some  extent  that  San  Francisco  was  in- 
different to  the  development  of  the  in-  i 
terior.     As  will  be  seen  from  a  perusal  o    ; 
the  utterances  given,    the    best    business  '• 
men  of  the  city  are  fully  alive  to  the  fact  i 
that  the  interests  of  San  Francisco  and  of 
the  interior  are  closely  bound  together— 
so  closely  that  influences  unfavorable  to 
one  are  equally  so  to  the  other,  and  what- 
ever benefits  the  one  is  certain  to  operate 
similarly  to  the  other.     There   c;m   be  no 
escaping  this  logic,  and  it  is  gratifying  to 
find  so  many  willing  to  put  themselves  on 
record  in  the  unreserved  manner  shown. 

An  interesting  portion    of   the  accom- 
panying matter  is  that  devoted  to  a  sketch 
of  the  irrigation  work   done  in  this  and  in 
foreign   countries.     A  graphic   picture  is 
thus   afforded    of  the    vast  benefits    con- 
ferred upon  communities  where  irrigation 
is   the    rule.     T'.vo    immense  increase    in 
wealth  is  shown  in  an  unmistakable  man- 
ner, while    the    fact    that     the     greatest 
growth  in   population  and  wealth  in  Cali- 
fornia for  the  past  two  decades  has  been 
in  those  localities  where  irrigation   enter-  ! 
prises  have  been  most  largely  fostered  is  j 
demonstrated    in    the     most    convincing  j 
shape. 

Many  of  the  more  notable  instances  ot  • 
the  reclamation  of  desert    lands  through 
the  aid  of   irrigation    are  given  at  length. 
It  i«  certain  that   nowhere  in  the  world  j 
has    there  been   such  an  entirely  unique  j 
development  in  many    respects,  and    for  j 
this  reason  especial  emphasis  is  given  to 
the    wonderful    work    done  at  Riverside, 
Anaheim,  Redlands  and  elsewhere.  Those 
places  are  types  of  what  may  be  expected 
wherever  intelligent  enterprise  and  suf- 
ficient capital  engage,  in  the  work  of  re- 
clamation. 

The  CHRONICLE  has,  in  a  word,  aimed  in 
the  present  edition  to  present  a  full,  im- 
partial and  correct  statement  of  the  con- 
dition of  irrigation  as  it  exists  to-day  in 
this  State.  It  has  endeavored  to  leave  no 
possible  question  unanswered,  but  to  fur- 
nish the  fullest  and  freest  Information 
upon  every  branch  of  the  subject.  How 
well  the  task  has  been  performed  the 
reader  can  decide  for  himself. 


f 


San  Bernardino  mountains  and  Redlands  valley. 


IRRIGATION  ABROAD. 


WHAT  HAS  BEEN  DONE  IN  THE 
OLD  WORLD. 


and  won! dy  never 'be' 'su's'pected  were  it  riot 
for  tlie  enduring  monuments  of  stone  lel't 
behind.  The  history  of  irrigation  in  the 
old  world  is  full  of  interest  to  the  people 
of  the  American  Continent,  since  it  af- 
fords so  many  examples  for  guidance  in 
what  is  in  most  cases  an  untried  art  on 
this  side  of  the  Atlantic. 


Extensive  Systems  in  India,  Spain, 

Italy  and  France— Sources  of 

Great  Wealth. 


Were  one  to  undertake  to  write  a  his- 
tory of  irrigation  he  would  be  obliged  to 
write  a  history  of  the  human  race.  The 
first  man  who  undertook  to  till  the  soil,  if 
we  are  to  believe  the  biblical  narrative  of 
the  erection,  found  it  necessary  to  resort 
to  irrigation,  for  we  are  told  that  the  gar- 
den in  which  Adam  and  Eve  passed  the 
happiest  portion  of  their  lives  was  watered 
by  a  river  which  went  om  of  Eden.  That 
this  is  no  forced  construction  of  the 
sentence.  "And  a  river  went  out  of  Eden 
to  water  the  garden,"  is  apparent  from  the 
fact  that  in  all  that  region  where  the  habi- 
tation of  the  first  man  is  believed  to  have 
been  located  irrigation  has  always  been  a 
necessary  adjunct  to  the  successful  culti- 
vation of  the  soil.  The  Bible,  too,  is  full 
of  allusions  to  the  practice  of  irr.fration, 
onu  prolane  history  from,  the  earliest 
times  contains  an  abundance  of  proof  tnai 
the  u--es  of  water  as  an  aid  to  agriculture 
were  well  known  to  the  most  ancient 
peopb.  In  Africa  and  Asia,  too, 
are  to  be  found  the 
of  v:>st  systems  for  the 
and  diversion  of  water.  Massive  dams 
and  canals  of  solid  masonry  still  remain, 
and  in  some  cases  are  even  yet  in  use, 
whose  oritrin  is  lost  in  the  mists  of  uii- 
tinuity.  That  there  is  nothing  new  under 
the  sun  is  shown  by  the  fact  that  the  best 
engineering  skill  of  modern  times  is  unable 
to  improve  upon  tho  methods  of  people 


INDIA. 


whose   very  existence   is    but  a  tradition 


Tnst  Canal   Systems  and  Immense  Area  ' 
Irrigated. 

Like  many  another  arc  of  the  greatest  j 
value  to  moderns,  it  is  not  improbable 
that  irrigation  had  its  birthplace  in  India. 
Certain  it  is  that  from  the  remotest  times 
is  has  been  extensively  practiced,  while, 
systems  of  storage  and  diversion  are  still  in  | 
use  that  have  been  in  existence  for  thous-  j 
ands  of  years.  At  the  present  time  there  ; 
are  upward  of  20,000.000  acres  of  land  un-  j 
der  irrigation  in  India,  and  as  the  Eng-  ] 
lish  Government  has  taken  an  active  part  j 
in  tostering  new  enterprises  for  the  diver-  ' 
sion  of  water,  as  the  best  means  of  pre-  j 
venting  or  alleviating  the  periodical  iam-  [ 
ines  that  prevail  in  that  country,  large  ad-  j 
ditions  are  being  constantly  made  to  the  j 
irrigated  domain. 

In  an  address  recently  delivered  before 
the  American  Society  of  Civil  Engineers  j 
at  Washington,  Herbert  M.  Wilson  de-  | 
scribed  in  detail  the  irrigation  system  oi  j 
India,  and  a  lew  of  the  more  salient  points 
are  condensed  therefrom,  There  are  three 
varieties  of  irrigation  works  in  use  in 
India.  There  are  canals  with  a  perennial 
How,  those  that  serve  to  utilize  the  sur- 
plus in  seasons  of  heavy  rainfall,  and 
those  that  are  supplied  by  storage  works. 
The  streams  which  provide  the  perennial 
canals  with  water  are  far  larger  than  any 
remains  (,  American  rivers  which  are  utilized  for  ir- 
storage  ,  rigation.  The  diversion  of  their  waters  is 
accomplished  by  masonry  dams  or  weirs 
of  missive  construction,  which  are  so  ar- 
ranged witii  sluice  gates  that  there  is  110 
clanger  of  damage  during  seasons  of  un- 
usually high  water. 

Of  all  the  irrigation  systems  in  India 
the  greatest  is  the^£DgesmaiMl.  Its  head 
works  are  peculiar,  the  discharge  of  the 
river  being  much  greater  than  the  amount 


oFwaler  needed,  and  the  current  swift,, 
while  the  bed  is  composed  of  bowlders  to 
a  great  depth.  It  was  deemed  advisable 
to  divert  the  water  by  means  of  a  tempo- 
rary bowlder  dam  info  the  Hurdwar  chan- 
nel, and  this  is  kept  open  and  separate 
from  the  remainder  of  the  stream  by  an 
elaborate  system  of  river  training  works. 
These  temporary  weirs  —  ior  there  are 
three  of  them,  one  back  of  the  other — are 
destroyed  annually  by  the  Hoods  and  re- 
built etch  year,  this  method  being  cheaper 
than  to  construct  a  permanent  weir.  This 
canal  controls  10,440,000  acres,  or  which  it 


irrigates  1,000.000  acres,  and  has  456  rnilos 
of  main  canal,  2599  miles  of  distributaries, 
895  miles  of  escapes  and  drainage  cuts,  and 
its  total  mileage  is  3910.  Each  distribu- 
tary would  be  a  large  canal  in  America, 
and  has  numerous  masonry  bridges,  regu- 
lators and  aqueducts  along  its  line. 

Another  great  canal   svstcm  is  that  of 
thejSirhmd  canaj  in  the  Punjab.     The  di- 


us  5   per  cent,  and  when    iToing    its  n 
mum  duty  would   realize   10  per  cent,  net 
profit  on  the  capital  invested,  besides  hir- 
nishing    homes    for    many   thousands  of 
people,  and  largely  increasing   the  aggre-  > 
gate  wealth  of  this" country. 

The  chief  inducement  to  canal  enter- 
prise in  America  has  not  been  mentioned, 
because  it  does  not,  exist  in  India.  Tins,  is 
the  increment  in  value  of  the  land  served 
by  the  canal.  There  is  no  such  increment 
available  to  private  enterprise  in  India, 
because  the  Government  is  the  sole  owner 
of  the  laud.  Here,  however,  where  land 


can  be  purchascsd  for  from  $L  25  to  $2  50 
per  acre,  and  when  irrigated  will  sell  ior 
from  $40  to  $1'JO  per  acre,  or  bring  an 
equivalent  revenue,  the  increased  return 
on  an  investment  is  obvious. 

The    great   extent   of    thf  country,   its 
topographical  features,  its  enormous  pop- 
ulation and   the  volume  of  its  large  river.s 
._  ...      permit  and  require  canals  of   length   and 

version  works  consist  of  the  usual  weir  j  section  surpassing  beyond  all  comparison 
with  undersluices  in  it,  and  regulators  at  }  any  to  be  found  elsewhere,  unless  it  be  in 
the  canal  head.  In  the  first  few  miles  the  the  single  instance  of  the  Imperial  canal 

-T,,   1  1  ^^  i_  1  J.    1  ,  _~,        .     ^ 

I  in  China. 

The    great    Ganges    canal    is    arranged 

!'  for  navigation  as  well  as  for  irrigation,  its 
aqueducts  and  embankments  being  built 

,  upon  a  scale  which  isunequaled  in  modern 

.  times.  The  canal  was  built  and  projected 
by  the  Government.  The  other  canals  oi 
importance  in  the  northwest  provinces 

\  and  the  Punjab  are  the  Eastern  Jumna, 
the  Western  Jumna  and  tne  Bari  Doab 
canals,  carrying  from  2000  to  3000  feet  of 
water  per  second  and  each  several  hun- 
dred miles  in  length.  Passing  from 


fall  is  great,  and  there  are  a  number  of 
drainage  works,  of  which  the  Siswan 
Super  passage  carries  20.000  second-feet 
and  the  Budiu  Superpassage  30,000  second 
ieet  of  water.  The  main  canal  and  prin- 
cipal branches  are  in  all  4950  miles  in 
length,  of  which  503  miles  are  main  navig- 
able canal,  its  discharge  is  estimated  at 
7000  second-feet,  though  it  generally  car- 
ries only  from  3700  to  4000  second- feet. 
The  gross  area  comm  mded  by  the  canal  is 
4,521,000  acres,  of  which  800,000  acres  are 
irrigable.  In  the  autumn  of  1889  the  duty 
of  water  per  second-foot  on  the  supply  en- 
tering at  the  canal  head  was  119  acres  or 
$113. 

The  total  original  cost  of  the  works  was 
$12,000,000,  of  which,  exclusive  of  cost  of 
land  and  maintenance,  $400,000  was  for 
headworks,  $6,500,000  for  the  main  canal 
and  branches,  exclusive  of  $1,100.000  for 
ris'ht  of  way  and  navigation  works,  and 
$300,000  was  for  drainage  and  protective 

For  800, 000  acres  of  irrigable  land  the 
earthwork  cost  $4'J5  per  acre;  or— our  con- 
tract prices  in  the  West  being  sny  10  cents 
per  cubic  yard,  while  theirs  is  but  4  cents 
—this  earthwork  would  have  cost  us  $10  62 
per  acre.  The  inasonrjr  works,  such  as 
falls,  weirs,  regulators  and  bridges,  cost  in 
all  $2,400,000,  or  $3  per  acre  irrigated. 
Rubble  masonry  costs  in  India  about  $3 
per  cubic  yard."  In  the  West  it  averages 
say  $6.  Hence  these  masonry  works  would 
have  cost  us  $6  per  acre. 

Iii    our    works   we  would  avoid  the  ex- 
pense of   the    numerous  masonry  bridges 
constructed  in  India.     Say   one-third   can  I 
be  deducted  for  the  cheaper  material  and 
less   masonry  work,  and   it  would  cost  us    Company,   ail    of 
$4  per  acre  irrigated.     Drainage  works  cost    enterprises,   some 


Northern   to  Southern  India  one  finds  in 
the  delta  of  the  (Jan very,  the  Godavey  and 
tne  Kirtna  rivers  a  comprehensive  system 
of  canals,   no  one  of  which,  indeed,   can 
compare  in  length  or  in  dimensions  with  j 
those  just  named,    but  which,  taken   to- 
gether, irrigate    very   large  areas  in  their 
respective    deltas.   'These    delta    systems 
have    enriched    pcor  ie    and   State    alike. 
They  have  placed   declining  districts  in  a 
condition   of    high   prosperity,    and  have 
produced  this  result  in  a  very  short  time. 
Under  the  care  of  the   British  Govern- 
ment   irrigation   .enterprise    in    India    is  , 
making  great  headway.     Among  the   sys- 
tems that  have  been  commenced  and  par- 
tially completed  within  a  comparatively  ; 
receiit  period  are  the  Soonsekala  and  Bel-  i 
lairy  canals,  from  the  Toombuddra  river,  ; 
350  miles  long;  the  Soane,  just  completed,  : 
from  the  river  of  the  same  'name,  to  carry 
4500  cubic  feet  per  second,  with  a  capacity 
to  irrigate  about  1,000,000  acres;  the   Sir- 
hind  canal,  from  the  Sutlej  river,  to  cost 
$15,000,000;    the  Lower  Ganges   canal,   to 
carry  6000  cubic  feet  per  second ;  the  Orissa 
canal,  built  by  the   East   India   Irrigation 
which    are  very    large 
of   them    rivaling  the 


about  73  cents  more  per  acre,  or  say  in  all  Ganges  canal  in  magnitude  and  import- 
the  Sir  hand  canal  would  have  cost  us  i  aiice.  To  these  may  be  added  the  Agra 
$15  35  per  acre  irrigated,  against  $8  LJ  j  canal,  from  the  Jumna,  and  the  Eastern 


India. 
The  water  rates 


charged    averaged   90 


cents  per  acre  irrigated  ;  we  would  charge 
at  least  $2;  in  some  localities  iar  more. 
As  the  cost  of  construction  in  America 
would  be  twice  what  it  was  in  India, 
while  the  receipts  per  acre  are  more  than 
double  those  of  India,  it  is  not  improbable 
that  under  similar  circumstances  such  a 
work,  Ayhen  partially  utilized,  would  yield 


Ganges  canal.  All  of  these  except  two 
have  been  built  or  restored  by  the  Govern- 
ment, which  owns  all  of  them  but  one. 

Many  of  the  larger  canals  have  been  <« 
constructed  for  navigation  as  well  as  irri- 
gation, the  toll  collected  from  freight  and 
passenger  traffic  forming  one  of  the  regu- 
lar items  of  the  annual  reports.  Tremen- 
dous engineering  feats  "had  to  be  per- 
iornied  at,  the  head  of  some  of  the_big 


s,    where     tne     Ganges     and    other 

j  streams  were  tapped  at  the  foot  of  the 
Himalayas.  To  carry  the  canal  through 
certain  districts  the  tracks  of  mountain 
torrents  had  to  be  crossed  in  many  in- 
stances. Sometimes  the  torrents  had  to 
be  diverted  in  other  directions  and  some- 

;  times  they  were  provided  with  broad 
channels  of  masonry  to  carry  them  peace- 
fully over  the  bed  of  the  canal.  Monster 
weirs  had  to  be  built  across  the  big  rivers 
v/hence  the  supply  of  water  is  taken,  and 
the  canal  carried  across  broad  streams  on 

;  aqueducts.      The    Ganges  canal,    for    in- 

j 


Riparian  rights,  as  iney  are  defined  by  th>» 
English  common  law,  Iiave  no  existence  in 
Italy. 

la  a'l«ases  when  it  is  desired  to  mak« 
use  of  water  for  irrigation  the  proper 
authorities  must  be  applied  to  for  permis- 
sion. After  careful  examination,  if  it  be 
found  that  existing  rights  will  not  be  in- 
juriously aliected  and  that  no  one  will  ba 
damaged  by  the  proposed  new  works,  a 
concession  is  granted.  The  act  of  conces- 
sion describes  the  quantity,  manner  and 
conditions  of  the  diversion,  conduiting,  us- 
ing and  of  the  restoration  of  the  waters, 


stance,  crosses  the  Solani  river  on  an  im-  j  the  quantities  required  in  the  interest  of 
;  mense  aqueduct  three  miles  Jong.  The  agriculture,  industry,  commerce  and  pub- 
aqueduct  consists  of  earthwork  ap-  lie  health,  and  names  tne  annual  rent  that 
preaches,  which  carry  the  canal  across  the  is  to  be  paid  to  the  government  treasury 
low  valley  subject  to  overflow,  and  fifteen  for  the  use  of  the  waters.  The  time  withiu 
arches  of  masonry  of  titty  feet  span  each  which  the  full  amount  of  the  conceded 
across  the  normal  bed  of  the  river.  Over  waters  has  to  be  diverted  and  utilised, 
this  aqueduct  flows  a  stream  200  feet  <  under  pain  of  lorieiture,  is  also  specified, 
broad  and  twelve  deep.  j  ami  discretion  is  given  a  competens 

The  financial  results  of  the  different  authority  to  cut  short  this  term  when 
systems  form  an  instructive  field  of  ob-  it  becomes  justified  by  delays  in 
servation,  as  showing  the  vast  difference  the  execution  of  the  works.  Temporary 
in  the  receipts  in  the  proportion  of  outlay  I  concessions  are  made  for  terms  no~t 
that  maybe  obtained  from  enterprises  of  i  exceeding  thirty  years,  but  at  the 
the  same  general  character  in  our  country,  i  expiration  of  such  term  the  grantee  has 
One  canal  system,  for  instance,  Known  as  {  |he  ri7nt  to  obtain  it  renewal  of  his  privi- 
the  Canverv  system,  in  the  Madras  Presi-  leSes  *°r  another  term  and  so  on  sue- 
dencv,  returns  81  per  cent  profit  per  cessively,  saying  the  modifications  which 
annum  on  the  investment,  and  some  of  Altered  conditions  of  the  locality  or  of  the 
tiie  smaller  canals  even  more  than  this,  watercourse  may  render  necessary  in  the 
On  the  other  hand,  many  of  the  system*  |  agreement  of  concession.  The  renewal  of 
sh -w  an  annual  deficit,  owing  to  the  tre-  j  a  concession  may  be  denied  when  in  the 
mendous  cost  of  construction  and  propor-  |  preceding  term  the  waters  have  not  been 
;  tionatelv  less  cultivable  land  to  supply  ;  Used>  whe.n  tlie  privilege  has  been  abused, 
with  wa'ter.  Takine  the  canals  as  a  whole,  or  when,  in  the  judgment  of  the  adnnnis- 
'  however,  they  are  a  very  good  property,  i  tration,  the  grantee  nas  not  used  his  priv- 
paying  the  shareholders  on  an  average  as  !  lie8f  '  for  the  proper  and  specified  purpose. 

When  an  application  is  made  for  a  new 

£  n  <4  ,  ]  t  Pfr  r      {  ank3r  UKhaa  i  Privilege  it  must  be  accompanied  by  plans 

n  calculated,  afford  a  revenue  of  about    for  the  works  proposed  to  be  built  for  the 
Srt'io V?fl£      nored'ln.concl1usioln»  j  diversion,  conducting  use  and  restoration 
*  i  l^  are  presented   to  the 

which  makes  the  ;  prefecture  of  the  province  and  are  thence 
communicated  to  the  provincial  deputa- 
tions interested  for  their  observations. 


landlord, 

obligation  of  irrigation  peculiarly  strong, 
and  which  at  the  same  time  injures  a 
share  of  profit  which  could  not  inure  to  a 
private  company. 


ITALY. 


Then  the  projects  are  puolished  in  the  in- 
terested communities,  notifying  all  inter- 
ested parties  to  be  present  at  a  specified 
time  to  present  their  views.  The  provin- 
cial civil  engineer  goes  over  the  ground 
with  the  applicants  arid  other  interested 
parties  and  reports  his  opinion.  If  it  be 
favorable  the  desired  concession  is  granted. 
From  the  foregoing  it  will  bo  seen  that 
were  the  same  system  applied  in  Califor- 
nia much  of  the  litigation  and  almost  end- 


GoTeramental    Control    of   Waters   and 
Systems  of  Diversion. 

Both  in  the  laws  regulating  the  control 

water  and  in  the  appliances  for  irri- 

Italy  stands  easily  at  the  head  of 
ail  the  countries  in  whicn  ihis  art  is  prac- 
ticed. From  the  earliest  times  the  im-  i  less  disputes  over  water  rights  would  be 
portance  of  an  artificial  supply  of  water'  prevented,  and  that  no  such  thing  as  mo- 
in  the  cultivation  of  the  soil  has  been  rec-H  ^L™™^™^?^11'. 
ognized,  and  every  effort  has  been  de- 
voted to  securing  the  best  means  for  con-  ,|  and  the  ancient  literature  of  that  country 
ferrmg:  the  greatest  benefits  upon  the  j  is  full  of  allusions  to  this  subject.  The 
people  at  large.  The  result  has  been  the'  fi''st  comparatively  modern  authentic  in- 
establishment  of  a  code  of  laws  which1;*  stance  ot  a  canal  for  this  purpose  is  one 

'  ihhiR     riv^r     Ijy     tfia 

in  tl 


might  well   be    patterned    after  by  other  J  J,al\en  -rom  the1  Vel*ah/5lia   riv,e,r 
ling  countries.  .  Cistercian    monks    of     Chiravelle 

it  will  be  of  interest  to  glance  at  the 
more  important  features  of  the  laws  gov- 
erning this  Mii.ject,  as  valuable  hints  may 
be  derived  therefrom.  In  the  first  place,  ' 
tho  waters  of  running  stro-.sms  are  recog- 
nized us  the  property  of  the  Government, 
or,  rather,  of  the  peoule  as  a  whole,  and 
no  one  is  allowed  to  interfere  with  them 
without  first  obtohiing  a  concession. 


the 
the 

m  o 


twelfth   century.      About   the   same  time 
the  Naviglio    Grande  canal  from  the  Ti- 
cino  river  was  built,  and  in   1520  the  largo 
Canal    Muzza   was  commenced.      In   th 
fourteenth   century   no  irrigating  work  o 


a 
f 


the 
was 
end 


he     Canal     Martesana,    one    of 
earliest       provided      with      locks, 
built.        In    the    interval    from    th« 
of     the    sixteenth     to     the     begin- 


An  Anaheim,  colony  home. 


ningof'the  nineteenth  century  very  few' works  are  constructed  in  the  most  sub- 
canals  were  constructed,  the  canal  of  Btantial  manner,  with  stone-riveted  banks 
Pavia  belonging  to  the  nineteenth  Ifc  in  m»ny  places,  and  with  solid  masonry 
was,  it  is  true,  first  opened  in  the  four-  k«adworfcs,  bridges,  outlets,  sluiceways, 
teenth  century,  but  it  fell  into  disuse,  and  Overfalls,  syphoons  and  other  structures. 
was  only  ordered  to  be  rebuilt. by  Napo-  .  Laws  governing  the  practice  of  irriga- 
leon  in  1805,  bemg  completed  in  1819.  ^on  occupy  a  very  prominent  place  on 

In  Piedmont  the  canal  system  dates  the  statute  hooks  of  Italy,  and  the  atten- 
froma  later  age,  the  first  works  having  turn  of  legislators  has  been  freouently  de- 
been  executed  in  the  fourteenth  century.  Vo*ed  to  tbelr  amendment.  The  prmci- 
In  the  fifteenth  century  there  was  con.  pal  point  in  the  present  irrigation  laws  of 
siderable  activity  in  this  kind  of  enter-  italy  consists  in  the  formation  ot  irigation 
prise,  but  in  the  sixteenth,  seventeenth  associations,  much  aflcr  the  fashion  of  the 
and  eighteenth  centuries  there  was  but  lmSafcl°n  districts  of  this  State.  The 
little  extension  ot  irrigation.  In  the  nine-  canals  are  generally  owned  by  the  Gov- 
teenth  century  the  canal  of  Charles  Al-  *rnment-  They  are  under  the  control  of 
bert  and  the  Cavour  canal  from  the  Po  the  Finance  Department,  which  has  a 
were  constructed,  the  last  being  worthy  of  *  •  of  engineers  to  superintend  the  re- 
special  mention  pairs  and  to  see  that  the  works  are  kept 

•The  principal  object  of  the  work  WM  to  !n  efficient  order.     The  usual  practice  is 
supply   water  to  the  canals  already  exist-   l?r      -the  ,   Government     to     farm      out 
ing,   particularly  at  the   low  stage  of  tae  tbe     canals    to    contractors.     These     at- j 
rivers  from   which   *h«v  Hr-ow  *£<>;...»»     range      with    the     cultivators      for     the 


u  j 

ply,  at  which  season  tne'Po  has  generaliv  distribution       and        measurement       of 
water  to  spare.     The  originally  estimated  »**«  w 
cost  was  $7,070,000,  but  the  contract  ot  the      nder 


water,  and  fix  the    rate    of  payment, 
some    restrictions.       Disputes   be- 

canal  was  let'  lor  no  less  than  $8  875  000"  tween  *he  contractors  and  cultivators  are 
while  contingent  expenses,  damages  and  jettled  by  the  civil  tribunals.  Each  canal 
other  matters  raised  the  total  estimated  form?  a  district  for  administration,  but  it 
cost  to  $10,660,000.  Then  the  purchase  of  maf  in.clutle  more  than  one  district.  In 
the  Crown  canals— a  part  of  the  agree-  fach  district,  under  regulation  prescribed 
ment— and  expenses  accruing  before  in-  by  th.e  government,  the  irrigafcors  lorm 
come  was  realized  brought  the  total  associations,  which  administer  the  affairs 
sum  to  be  paid  out  by  the  company  up  c  d  wit"  the  Distribution  and  use  of 

to    $16,600,000.     The    nominal    capital    of' 

the  company  was  $16,000,000,  but  al-j  applied  to  irrigation  is  8290  cubic  feet  per 
though  the  Government  guaranteed  the  second,  not  counting  the  supply  of  the 
interest  at  6  per  cent  on  that  amount, '  Cavour  canal.  The  total  area  of' irrigable 
from  the  time  the  work  was  opened,  it  never  laud  commanded  by  these  canals  is  stated 
i  went  anywhere  near  par,  its  actual  re-  to  be  1,335,680  acres.  Deduct  one-third 
sources  never  exceeding  $12,200,000.  It  for  roads,  villages,  marches,  etc.,  the  net 
failed  and  the  works  were  thrown  irrigable  land  will  be  about  900,000  acres 
back  on  the  hands  of  the  Govern-  of  which  300,600  are  actually  irrigated, 
ment.  The  Government  at  once  went  If  one  adds  the  scattered  irrigation  in  the 
nf*tk~  «M.i.  aild  the  canal  was  upper  valleys  of  Piedmont  not  before  in- 


In Piedmont  the  total  quantity  of  water 


actively  into  the  wor 


built.      It  is 


noble  work. 


amounting  to  180,000  acres,   the 


total  area  irrigated  is  486,600  acres. 

In  Lombardy  about  one-fifth  of  the 
total  area  of  territory  is  irrigated.  Be- 
tween the  rivers  Ticino  and  Adda  nearly 
nine-tenths  of  the  surface,  between  the 
Adda  and  the  Oglio  two-tenths  and  be- 
tween the  Oglio  and  the  Adige  one-seventh 
of  the  plain  are  irrigated.  It  is  estimated 
that  the  aggregate  length  of  the  canals 
and  their  principal  branches  in  Lombardy 
exceeds  4500  miles. 

To  sum  up  it  may  be  stated  that  Italy 
employs  for  irrigation  more  than  24,000 
cubic  feet  of  water  per  second,  supplying 


een  whose  southern  slopes  and  tFe" 
•diterranean  is  a  narrow  border  of 
1  »ping  plain  lands,  only  somewhat  less 
ide,  and  less  continuous  and  connected 
ian  the  seacoast  plain  of  the  eastern  face 
i  the  country.  K» 

These  plateaus  receive  as  a  general 
thing  less  than  10  inches  of  rainfall  per 
year,  of  which  total  less  than  10  per  cent 
(alls  during  the  summer  months.  The 
low  plains  of  the  eastern  coast  region  re- 
ceive from  10  to  20  inches  per  year,  of 
Which  about  5  per  cent  falls  in  the  sum- 
mer. Tiie  south  coast  and  the  valley  of 


600,000  acres  of  land.  It  is  estimated  the  Genil  receive  from  20  to  30  inches  ol 
that  there  has  been  expended  for  the  irri-  (rainfall,  but  only  about  5  per  cent  falls  in 
gation  of  1  000  000  acres  m  Lombardy  not  jthe  summer;  while  the  valley  of  the  Ebro 
Jess  tnan  ^200,000,000.  This  expenditure  receives  about  15  to  20  inches*  with  onl y  10 
has  been  spread  over  ,00  years,  and  has  Ler  cent  presented  in  summer.  In  fact, 
s  Lombardy  a  garden,  h^,  less  elevated  parts  of  Central  Spain 

.y resent  a  climate  quite  similar  to  that  of  In- 
terior California,  while  Eastern  Spain  has 
Ifce  Source  Whemfe  California  Derived  Jn«  characteristics  of  the  Los  Angeles  val- 
Its  Irrigation  Customs.  }«/•    f^«    productions    also    being  almost 

The  practice  of  irrigation  in  Spain  pos-  ide°tlcal  m  ^Q  couplets  above  named, 
eesses  peculiar  interest  for  Calif  ornian-?,  jmtion' Alfalfa  is  a  standara  grazing  crop' 
Bince  it  was  from  that  country  that  we  de-  aiso  irrigated;  while  grapes  and  temper- 
rive  many  of  our  custom;*  in  that  connec-  ate  zone  fruits  are  irrigated  or  not,  accord - 
tion.  It  is  true  irrigation  was  practiced  mg  to  the  peculiarities  of  special  localities. 
in  Mexico  and  South  America  long  before  On  the  low  Plains,  and  in  the  low  valleys 
the  Spanish  occupation,  while  in  Arizona  %£™*  g^^ffgg™^^™ 
are  the  traces  of  irrigation  systems  con-  flourish,  the '  grape  is  cultivated  princi- 
Btructed  by  a  people  that  were  extinct  cen-  pally  for  raisins,  and  the  presence  of  the 
turies  before  the  Spanish  conquerors  date  palm  and  other  semi-tropical  fruits 
landed  on  the  American  coast.  The  mark  the  similarity  to  our  plains  and  yal- 
foundation  of  the  irrigation  system  of  Cai-  }e^s  of  Los  A""teleH  and  San  Bernardino, 
ifornia,  in  fact  of  the  entire  country,  was  Bnd  the^possess^o'n  of  water^ights  follow 
bid,  however,  by  tho  Spaniards  who  tho  same  lines  that  are  peculiar  to  Cali- 
founded  the  missions  on  the  Pacific  Coast,  fornia.  In  some  cases  the  water  right 
and  to  them  should  be  given  the  honor  of  belongs  to  the  land  and  cannot  be  sepa- 
iriaugurating  the  system  to  which,  more  ^ted  from  it. 
than  anything  else,  California  owes  the  g^ni^riVthe 

proud  ppsition  which  she  occupies  to-day.  Spanish"  and  "Mexican  Governments  in 
The  irrigation  systems  of  Spain  possess  California  carried  the  water  with  the  land. 
•  till  further  interest  for  us,  because  the*  The  two  were  inalienable, 
climate  of  that  country  corresponds  more  In  other  instances  Spanish  irrigators 
nearly  with  that  of  the  irrigated  regions  who  are  owners  of  land  rent  the  water  for 
of  California  than  any  other  country.  a  stated  sum  and  at  stated  periods,  exactly 

It  is  in  the  central  portion  of  Spain  that  as  is  done  in  this  State  "in  cases  where 
irrigation  is  most  extensively  carried  on.  large  corporations  have  appropriated  the 
This  is  a  region  "something  like  300  miles  water  and  constructed  expensive  storage 
square,  and  is  composed  of  a  series  of  und  distribution  works, 
graat  plateaus,  separated  from  each  other  Many  conflicting  laws  and  customs  ob- 
and  bounded  north,  east,  south  and  partly  tained  in  Spain  in  regard  to  the  control  of 
on  the  west  by  ranges  of  mountains,  irrigation  waters,  and  it  was  not  until  a 
These  plateaus  lie  at  elevations  between  recent  date  that  any  uniform  system  was 
600  and  3500  feet  above  the  sea,  and  slope  j  adopted.  Under  the  laws  passed  within 
generally  from  east  to  west.  The  moun-  jthe  past  fifteen  years,  however,  the  Gov- 
taius  on  the  east  present  a  continuous  ! eminent  assumes  control  ol  all  canals  of 
formation  as  a  chain,  and  rise  to  but  rnod-  (irrigation  and  navigation,  wholly  paid  for 
erato  heights  above  the  hills  bordering 
tae  plateau  plains,  but  their  eastern 
•lopes  are  abrupt,  and  dropping  to  near 
the  level  of  the  sea.  leave  a  narrow  fringe 


The  sale  of  the  land  car- 


national  funds,  and  all  national  river 
"works;    aiso  the  presenting  or  approval  of 
police   and  administration  of 


the  use  of  public  waters  and  streams  in  all 

of  plain  land  between  their  feet  cases.  Tho  provinces  have  administrative 
and  the  Mediterranean,  behind  control  of  works  of  irrigation  and  irriga- 
which  they  stand  as  a  high,  jtion  pertaining  solely  to  their  sev- 
rug^ed  range.  North  of  the  plateau  re-  jeral  territories  and  those  paid  for 
gion,  and  lying  between  it  and  the  feet  by  their  funds.  The  State  may  accord 
Of  the  Pyrenees,  is  tho  valley  of  the  Ebro,  to  a  private  individual,  association,  corn- 
near  200  miles  in  length  aac5  irom  fifty  to  100  linunit-y,  company,  municipality  or  pro-, 
ivule,  opening  out  upon  the  Mediterran-  vincR  the  privilege  of  conducting  any  „ 
ean  toward  the  east.  South  of  the  plateau  enterprise  which  would  come  under  its 
region  lie  the  vaJieys  of  the  Guadalquivir  control.  A  province  or  a  municipality 
and  the  Genii,  sloping  in  the  opposite  di-  may  delegate  to  others  its  right  of  con- 
fection from  that  of  the  Ebro,  and  open-  Btruction  and  immediate  control  of  muni- 
Ing  out  on  the  southwest  coast  of  the  cipai  water  works,  but  neither  the  State, 
country.  South  of  these  last  named  municipality  nor  province  can  fori'eit  its 
valleys  lie  the  Sierra  Nevada  mountains,  right  of  ultimate  administrative  control 


and  regulation  oi' works  and  waters. 
Th,0  btate  is  empowered  to  grant  sub- 

:  sillies  in   aid  of  the  construction  of  irri- 
Tiiese    may    consist    of  a 
mono  iot  to  exceed  30  per  cent  oi 

•  f  tlio  --.vorks.  of  a  premium 
of  $Hl5  for  each  cubic  foot  per  second  oi 
continuous  flow  (ioveioped,  and  of  A  !ur- 
tbor  premium  of  $8  an  acre  for  all  the  land 
irrigated.  The  Government  reserves  the 
right  to  expend  under  its  own  suoervision 
all  the  money  furnished  under  the  i$0  per 
cent  regulation. 

When  communities  of  irrigators  wish  to 
construct  works  to  supply  their  own  lands 
the  Government  will  subsidize  them  to  the 
extent  of  50  per  cent  of  the  cost  of  the 
works,  and  will  also  advance  the  other  50 
per  cent  as  a  loan,  to  be  repaid  in  small 
installments.  This,  it  will  be  observed, 
meets  most  effectuully  the  difficulty  that 
is  encountered  under  our  district  system 

j  in  disposing  of  the  bonds  for  the  construc- 

I  tion  of  works. 

When  syndicates,  companies  or  indi- 
viduals apply  for  a  concession  for  the  con- 
struction of  irrigation  works  the  Govern- 
ment undertakes  the  preliminary  survej^s, 
the  expense  of  which  rmist  be  refunded  by 
the  applicants,  and  if,  after  due  investiga- 
tion, it  be  decided  to  grant  the  application 
a  concession  for  a  term,  of  ninety-nine 
years  is  offered  at  public  auction  to 
the  one  who  shall  agree  to  carry 
out  the  terms  thereof  at  the  least 
expense.  If  two  or  more  bidders  name 
the  same  sum,  then  the  concession  is 
awarded  to  the  one  who  shall  agree  to  re- 
duce the  subsidy  premium  the  most.  If 
the  offers  should  still  be  equal  on  this 
point,  then  the  concession  is  given  to  the 
bidder  who  places  the  tariff  for  irrigation 
at  the  lowest  rates. 

After  the  concession  is  granted  to  the 
successful  bidder  the  time  is  specified 
within  which  each  section  of  the  work  is 
to  be  completed.  Forfeits  are  predeter- 
mined and  agreed  to  for  partial  failures. 
Extensions  of  time  are  granted  only  when 
unforeseen  natural  circumstances  are  the 
cause  of  delay.  Concessions  are  forfeited 
upon  non-compliance  with  conditions. 
Such  forfeiture  is  declared  by  the  minis- 
ter, and  the  enterprise  and  works  are  sold  } 
at  auction  for  the  benefit;  of  creditors  and 
the  grantee. 

Companies  or  individuals  having  con- 
cessions of.  this  character  are  required  to 
pay  taxes  on  the  lands  owned  by  them, 
out  under  the  general  law  of  waters  their  • 
capital  and  works  are  exempt  from  tax- 
ation. 

i      Koine  interesting  facts   can   be  learned  - 

i  from  the  following  statistics  in  regard  to  a  ; 

'  number  of  the  most  prominent  irrigation 
enterprises    of   Spain.      They    afford    in- 
structive  comparisons  in   respect  to   the  '• 
average  duty  of  water,    the  cost  of  con- 
struction,  and   the  average   expense  per  i 
iacre  of  furnishing   water.      Among    the 
principal^oanals  are  the  following: 

Caroline  J.  Swyney__.  C 


CANAL. 


Aragon  &  Cat  104.8 


Ebro 

Urgel 

Isla 

Henares 

Jaca 

J  Guadalquiv'r 

,  Guadiaro 

'  Genal 

i  De  la  Oiiva.. 

Mediodia 

-  De  la  Obra. . . 
,  Guadiaco 

Gevora 

l  Guadalentin. 

Guadelete 

Duero 

DarechadelG 

Guadiana 

Escation . . . 


41.5 
45.9 
24.8 
2S.5 
10.5 
40.5 
42.8 
14.3 
3.1 
23.4 
6.2 
7.5 
11.2 
24.8 
13.0 
31.0 
37.8 
39.0 
10.5 


II 


1,250 

i'is'6 

232 

180 

45 

534 

64 

22 

36 

18 

4 

7 

45 

107 

53 

150 

107 

200 

11 


257, 

32,180 

242,140 

22,770 

28,400 

2,050 

53,030 

4,450 

1,480 

2,260 

8,180 

610 

817 

4,110 

21,740 

4,010 

19,760 

9,000 

16,000 

750 


000  $6,000,000 


Cost. 


3,723,000 
3,882,000 
630,000 
946,400 
49,100 
1,939,000 
133,600 
32,400 
18,300 
373,000 
5,400 
24,600 
73,400 
302,800 
107,000 
866,400 
133,400 
489,800 
43,800 


Of  reservoir  concessions   the    following 
are  among  the  more  notable: 


NAMB. 

Capacity  in 
cubic  'feet.. 

Extent  Irri- 
gated Acres 

Estimated 
Cost  

Torralba  de  Ri- 
bota  

Isbert 

1,505,000 

558 

$5,300 
420,000 
39,700 
50,000 
245.500 
5,000 
1,562,400 
65,200 

Arbade  Luesia 
Monteugudo.  .  . 
Hijar    

79,835,000 
227,500,000 
420,000,000 
2,135,000 

4,440 
1,531 

7,460 
494 

Elda 

Puentes 

Mezalocha  

280,066,000 

3,400 

The  valley  of  the   Ebro  is   the  scene  of  ' 
the  modern"  works  and  of  present  progress 
in  irrigation,  while  the  valley  of  the  Guad-  , 
slquivir  is  the  scene  of  ancient  as  well    as  ' 
of  very  recent  irrigation  enterprise.     But 
the  irrigated  Spain  of  which  the  world  has 
heard  the  most  is  that  handed  down  from 
the  times  of  the  Moors,  in   the  valley  of 
the  Genii  in   Granada,  and  in  the  val^s 
and  plains  opening  out  on  the  east  coast  i 
of  the  country,  where  lie  the  garden  lands 
of   Murviedro,    Valencia,    Almansa,    Ali- 
cante, Elche,  Orihuela,  Murcia    and  other 
irrigated   and    highly  cultivated  districts. 
Unlike  the  case  of  the  great  irrigated  val- 
ley of    Northern   Italy,  the  irrigation   dis- 
tricts of  Spain  are  very  much  scattered  and 
subjected  to    pl^sical  conditions  varying 
among  themselves. 

According  to  the  official  reports,  ths 
area  of  irrigated  land  in  Spain  is  4439 
square  miles.  The  principal  canals  irri- 
gate some  750,000  acres.  There  are  many 
small  canals  and  a  few  tanks  or  reservoirs, 
which  increase  this  prea  considerably. 
Accepting  the  officinl  reports,  the  great 
bulk  of  irrigation  is  done  by  wheels  and 
norias.  These  wheels  have  buckets  or 
jars  attached  to  the  circumference,  by 
means  of  which  the  water  is  raised.  The 
motive  power  may  be  the  current  of  the 
river,  or  it  may  be  animal  power.  The 
remunerative  character  of  this  mode  of 
cultivation  can  easily  be  shown.  Near 
Valencia  irrigated  land  is  sold  at  from 
$700  to  $900  per  acre,  while  land  of  the 
same  quality  not  irrigated  only  fe'tches 
$80  or  less  per  acre.  Land  near  Madrid 
is  increased  in  value  by  irrigation  Jrom 


~ADout7Cast.eilori    Ufir,  lively    liberal    form   ot    goVemmenramT 

average  prico  of  irrigated  land   is  $700  per  amid  a  free  and  enlightened  people.     The 

acre    and   for  »»'vn_ii«i»f«»ri  *•*»*•!    in  >•.,•]    *:-A /-,  .     „  ,„  .         *«  . ". 

acre,     lu  the 


for  non-irngated  land  $50  per  :  Government  of  France  has  of  late  years 
yaiiey  ot  the  Esla  Irrigated  specially  encouraged  irrigation  in  a  vari- 
and  M, worth  $600  per  acre  and  dry  land  -  ety  of  ways,  and  here  one  finds  examples 
5f>oO.  Spain,  indeed,  may  be  described  as  a  -*-•—'—•»*--  •  - 

country  where  the  water  is  more  valuable 


than  the  land  in  a  ratio  of  from  five  to 
twenty.  The  Spaniards  have  an  experi- 
ence of  1000  years  behind  them,  and  they 
ought  to  be  convinced  of  the  value  of  tins 
mode  of  cultivation.  There  is  probably  j 


of  irrigation  enterprise  both  ancient  and 
modern,  and  of  all  grades  and  forms  ot 
organization,  from  the  small  private  ditch 


project  to  the  large,  costly  and  complete 
canal  system,  wholly  built  and  managed 
as  public  works  of  the  nation. 

, ___,  ,      As   a  general  thing,  however.  Franco  is 

no  part  of  the  world  where  water  is  more  Ness  an  irrigation  countrv  Irom  necessity 
carefully  applied,  and  there  is  certainly  and  for  general  profit  than  is  California 
no  countrv  where  t,h«  ln<»i«slatirm  nn  tha  t^a.  vallevs  "p  ~ :i1  ' 


no  country  where   the  legislation   on  the 
subject  is  more  clear  and  precise. 


Governmental  Control  of  the  Diversion 
and  Use  of  Water. 

In  France,  ns  well  as  its  immediate 
southern  neighbor,  are  found  many  cli- 
matic features  which  resemble  those  that 
exist  in  California.  In  larga  areas  the 
rainfall  is  so  light  that  irrigation  is  essen- 
tial to  the  profitable  cultivation  of  the 


_>ronc  man  is  uamorma, 
of  France,  with  exceptions 
limited  to  small  regions,  receiving  from 
sixteen  to  thirty-two  inches  of  rain  each 
year,  while  ours  of  California  receive  only 
ten  to  eighteen  inches  as  a  general  rule. 
The  necessity  for  and  value  of  irrigation 
in  France  was  not  sufficiently  appreciated 
by  the  generations  past  to  bring  about  a 


general  sentiment  in  favor  of  national  en- 
couragement to  irrigation  enterprise. 
Irrigation  there,  as  in  California,  has 
been  until  within  the  past  few  years 
looked  upon  more  as  a  local  necessity 
,  than  as  a  valuable  auxiliar}'  to  genera'l 
soil,  while  there  are  still  other  extensive  !  agriculture.  Hence  there  has  not  been 
sections  where  iarming  operations  are  j  that  widespread  appreciation  of  the  sub- 
possible  without  the  artificial  application  II  ject  among  the  people  of  France  which  we 
of  water,  though  made  much  more  profit-  !  might  expect  to  find  recorded, 
able  by  that  process.  The  lands  are  very  generally  held  in 

The  departments  of  the  Mouths-of-the  •>  small  tracts,  and  close  and  thorough  til- 
Rhone  and  of  Vaucluse,  in  Southeastern  lage  has  taken  the  place  of  that  wasteful 
France,  where  irrigation  is  most  common,  J  out  easy  one  of  water,  which  is  sometimes  j 
;re  in  a  region  of  wide  open  plains  or  roll-  j<  substituted  for  skill  and  industry.  The  j 
ing  lands  near  to  the  level  of  the  sea,  1  generally  humble  condition  of  the  peas- 
ant .proprietors  may  be  judged  from  the 
fact  that  when  the  association  for  the 
Canal  de  1'Isle  (Vancluse)  was  set  on  foot 
in  1845  there  were  1414  subscribers,  ot 
whom  1095  desired  irrigation  for  tracts 
less  than  one  hectare  (2.47  acres)  each, 
and  out  of  the  whole  number  only  four 
subscribed  lor  areas  greater  than  ten  hec- 
tares (24.7  acres)  each.  The  St.  Julian 


where  the  temperature  is  high  and  rainfall 
very  light,  and  artificial  watering  of  all 
crops  is  an  absolute  necessity,  even  on  the 
richest  of  soils. 

In  the  department  of  the  Pyrenees,  in 
Southwestern  France,  a  peculiar  irrigation 
of  natural  meadows  and  other  vegetation 
is  found  in  the  mountain  valleys  high 
above  the  level  of  the  sea,  with  destruc- 
tive meteorological  surroundings,  while 
along  the  base  of  these  mountains  irriga- 
tion is  again  found  on  extensive  plains 
and  rolling  lands  of  moderate  elevation 
and  medium  range  of  temperature  and 
precipitation. 

In  the  department  of  Vosges,  in  North- 
eastern France,  is  found  that  peculiar  ir- 


canal,  eighteen  miles  in  length,  irrigating 
from  6000  to  7000  acres,  is  the  property  of 
an  association  having  20CO  me mbi'r.i,  and 
the  Crillon  canal,  irrigating  from  1000  to 
2000  acres,  has  750  subscribers. 

The  French  laws  governing  the  owner-  I 
ship  and  control  of  waters  in  running  ; 
streams  have  undergone  many  changes,  . 

rigation  of  meadow  lands  where  water  is  and  have  been  productive  of  a  great  deal 
used  almost  continuously,  notwithstand-  |  of  litigation.  It  is  a  well  Battled  principle 
ing  heavy  rains  well  distributed  through-  \  now,  however,  that  all  streams  and  parts 

of  streams  that  are  navigable  belong  to 
the  public  domain  and  are  subject  to  the 
control  of  the  Government.  The  Govern- 
ment has  the  power  at  any  time  to  declare 
any  stream  or  portion  thereof  navigable, 
and  thus  assume  control  of  its  waters. 


out  the  year. 

In  Northwestern  France  artificial  water 
ing  has  reclaimed  and  jnado  productive 
and  populous  vast  tracts  of  lands  formerly 
barren  and  covered  with  drifting  sands  or 
scanty  natural  pasturage. 

Throughout  France  market  gardening 
and  fruit-raising  are  largely  dependent 
upon  irrigation,  which  is  very  extensively 
practiced  for  these  purposes,  'as  well  as  for 
growing  fodder  and  plant*  used  in  manu- 


facturing textile  fabrics  and  dyestuffr.    Of 


For  a  long  time  it  was  claimed  that 
unnavigable  streams  belonged  to  the 
parties  through  whose  lands  they 
Mowed,  but  this  position  is  not 


recognized    by    the    Government,     which 
holds   that  all  such  streams  are  the  com- 

late  years,  too,  the  application  of  water  on  ;  mon    property    of   the  people.     Riparian 
vineyards  to  orown   out  or    prevent   the  |  proprietors  hava  certain  rights  to  the   use 
spread    of  phylloxera    has    become  quite  •  of  water  for  irrigation,  but  do  not  possess 
MI-I  it:  Hiroi-.<Nr  fnctnrorf  HV  iifw.  *  an    exclusive    right,    the  Government  as- 


suming control  and  granting  concessions 


,  common,  and  is  directly  fostered  by  Gov- 
ernment aid  in  various  ways.  _  .,         _„    

Besides  the  very  great  variety  of  physi-  for  the  diversion  and  use  of  such  waters 
cal  conditions  and  results  surrounding  wherever  needed.  The  fact  of  the  owrier- 
and  attending  irrigation  we  find  in  France  ship  of  the  waters  of  unnavigabio  stmuns 
an  example  of  an  attempted  complete  by  the  Nation  as  representing  the  whole 
Governmental  control  of  irrigation  and  :  people  is  now  pretty  well  settled,  while  the 
water-right  matters  under  a  com  para- ,sferne  may  be  said  with  regard  to  navigable 

-  -       -  --*-  -*    F  — —  -„ 


Tunnel  for  Turlock  district  canal. 

years  after  having  been  put  under  irriga- 

To  further  stimulate  the  operation  of 
irrigation  substantial  prizes  are  offered 
tor  thoae  farmers  who  shall  have  made 


streams,  riparian" qwriers   oemg  restricted'; 
to  a  preferred  use  of  the  waters  for   irriga- 
tion, and  nothing  more. 

When  it  is  desired  to  utilize  *  stream.  , 

for  irrigation  the  parties  who  propose  to  j  the  greatest  progress  during  a  stipulated 
undertake  the  scheme  must  organize  ana  period  in  the  cultivation  of  their  i^nHs 
present  an  application  to  the  proper  >  with  the  aid  of  water. 


authorities,  accompanied  by  plats  of  the 
district  to  be  irrigated,  a  list  of  subscribers, 
plans  for  the  works,  and  evidence  of  the 
financial  ability  of  the  applicants  to  carry 
out  the  project.  Public  announcement  is 
then  made,  and  the  interested  parties  are 
given  an  opportunity  to  be  heard  ior  or 
against  the  plan.  It',  after  due  examina- 
tion, the  plan  shall  be  made  to  appear 
feasible  and  work  no  injury  to 
any  one,  the  authorization  to  commence 
work  is  granted.  After  the  Government 
has  authorized  the  construction  of  the 
works  it  is  in  a  manner  accountable  for 
tho  meeting  of  the  engagements  of  thy 
organization  which  has  undertaken  the 
taak.  The  assessments  levied  on  the  prop- 
erty-owners interested  are  collectable  as 
taxes,  not  only  by  the  officers  of  the  s}rn- 
dioate  or  company,  but  by  the  Govern- 
ment itself,  which  may,  if  necessary,  in- 
terlere  and  force  collection  so  as  to  make 
good  tiie  debts  of  the  district. 

.Lands  may  be  condemned  for  the  use  of 
the  district,  and  all  the  lands  that  may  be 
benefited  by  the  construction  of  the  irri- 
gation works  are  put  under  contribution. 
When  two-thirds  of  the  land  has  been 
subscribed  for  the  other  third  may  be 
forced  to  contribute  its  share  to  the  ex- 
pense. 

In  order  to  encourage  irrigation  the  j, 
Government  not  only  advances  the  funds  " 
needed  in  the  construction  of  works,  but 
also  agrees  not  to  raise  the  assessed 
value  of  lands  to  be  irrigated  over  that 
given  before  irrigation  for  periods  varying 
from  twenty  to  thirty-five  years  after  the 
water  has  been  put  upon  them.  What  a 
boon  that  would  be  in  this  country  may 
be  judged  from  the  fact  that  through  irri- 
gation land  has  been  raised  in  value  sev- 
eral hundred  per  cent  within  half  a  dozen 


. 

It  will  bo  of  interest  to  note  some  of  the  ' 
leading  features  of  the  terms  upon  which  I 
concessions  have  been  made  for  the  con-  ' 
struction  of  extensive  irrigation  systems. 
Thus  the  canal  of  St.  Martery,  built  by  a 
syndicate  of  English  capitalists,  was  au- 
thorized in  1S66  in  the  Department  of  the 
Upper  Garonne.  The  period  of  the  con- 
cession was  fifty  years,  and  the  Govern- 
ment granted  a  subsidy  of  3,000,000  franc?, 
to  be  paid  in  ten  equal  installments. 
Loans  were  also  authorized  to  be  made  by 
the  department  in  which  the  works  were 
located  to  the  amount  of  4,000,000  francs. 
Some  34,000  acres  of  land  were  to  bo  sup- 
plied with  water  upon  the  basis  of  a  cubic 
foot  per  second  to  ninety-three  and  a  quar- 
ter acres.  The  price  oi  water  for  irrigation 
was  fixed  by  the  Government  at  from 
$1  95  to  $3  91  per  acre  annually, 
according  to  the  time  when  application 
was  made.  Tho  company  was  also  obliged 
to  lend  to  each  land  owner  subscribing, 
should  he  so  desire,  tiie  sum  of  $7  69  per 
acre  to  prep  ire  his  land  for  the  reception 
of  water.  A  prominent  feature  of  ail  the 
great  irrigation  enterprises  of  recent  years 
in  France  has  been  their  subsidization  by 
the  Government,  an  immense  amount  of 
money  having  been  so  expended  during  ! 
i  the  past  twenty  or  thirty  years. 

AUSTRALIA. 

Great  Progress  Made  Under  the  Caro  of 
the  Government. 

Irrigation  in  Australia  is  of  compara- 
tively recent  date,  yet  a  good  beginning 
has  been  made,  and  as  the  benefits  of  the 
S3'stem  have  become  more  apparent  the 
area  supplied  with  water  is  certain  to  be 
constantly  enlarged.  There  is  no  lack  of 


running  streams  in  Australia  to  supply 
water.  The  principal  rivers  of  the  eastern 
watershed  are  the  Hawkesbury,  the 
Hunter  and  the  Clarence.  The 
Hawkesbury  is  330  miies  in  length 
the  Hunter  300  miles,  and  the 
Clarence  240  miles.  All  the  rivers  of  the 
eastern  water-shed  flow  into  the  Pacific 
ocean,  and  are  estimated  to  drain  an  area 
of  about  50,000  square  miles.  The  prin- 
cipal rivers  of  the  western  water-shed  are 
the  Darling  and  its  affluents,  the  Lach- 
lan  and  its  affluents,  the  Murrurn- 
bidgee  and  its  affluents,  and  the 
Murray  and  its  affluents.  These  rivers 
all  eventually  unite  with  the  Murray, 
which  empties  into  Lake  Alexandria, 
near  Adelaide,  South  Australia. 

The  Darling  river  is  1160  miles  in  length. 
It  drains,  with  its  affluents,  an  area  of 
198,000  square  miles.  It  is,  however,  a 
narrow  stream,  and  is  navigable  for  only 
very  small  steamers. 

The  Murray  river  is  1120  miles  in  length. 
It  flows  westerly  and  northwesterly 
through  the  whole  of  New  South  Wales 
and  Victoria,  and,  as  already  staled, 
empties  into  the  ocean  near  Ade- 
laide. The  average  width  of  the  Murray, 
from  Monara  to  Alburjr,  is  about  240  feet, 
and  the  area  drained  by  it  audits  affluents 
is  270,000  square  miles. 

There  are  no  large  fresh  water  lakes  in 
Australia,  and  indeed,  with  the  exception 
01  a  few  estuaries  of  the  sea,  they  are  all 
shallow  and  untrustworthy  for  water  sup- 
ply. In  most  cases  they  are  mere  depres- 
sions connected  with  the  rivers,  and  re- 
ceive their  water  only  in  times  of  flood. 

It  is  maintained  in  the  report  of  the 
Royal  Commission  of  New  South  Wales 
tor  the  Conservation  of  Water  that  there 
are  three  lakes  in  the  course  of  the  river 
Darling,  each  of  which  has  an  area  of  sixty 
square  miles,  and  their  capacity  is  shown 
by  the  fact  that  when  rapid  falls  occur  in 
the  Darling  the  overflow  from  them  keeps 
the  river  navigable  for  nearly  a  fortnight 
longer  than  it  would  be  otherwise.  This, 
the  report  says,  is  an  important  feature,  as 
the  outlets  from  the  Darling  are  in  their 
natural  stats  and  with  few  exception;* 
no  attempt  has  been  made  either  to. in- 
crease or  regulate  the  supply  of  water. 

In  the  lakes  east  of  the  Darling,  in  the 
county  of  Livingstone,  an  almost  perma- 
nent supply  oi  water  is  kept  through  the 
construction  of  a  dam  across  Tallawalka 
creek.  The  cost  of  this,  about  $20,000,  was 
incurred  by  the  lessees  of  the  land.  It  is 
said  that  this  data  threw  the  water  into  a, 
series  of  lakes  extending  north  and  south 
a  distance  ot  eighty  miles. 

The  report  of  the  royal  commission 
states  that  the  levels  of  the  country  be- 
tween the  Murray  and  Murrumbidgee 
show  that  It  is  well  adapted  tor  the  con- 
struction of  c  aials.  The  country  between 
the  Lachlan  and  Murmmbidge'e  is  more 
irregular,  but  the  vast  area  lying  between 
tho  Lachlan4  and  the  Darling,  which  ap- 
pears as  a  blank  on  the  maps  of  the  col- 
ony, possesses  some  well-defined  features. 
For  instance,  the  waters  of  the  Darling 
and  Laclilan  are  ordinarily  separated  for 
about  200  mile?,  but  in  time  of  flood  they 
spread  out  to  within  a  distance  of  twenty- 
five  or  thirty  miles  of  each  other. 

The  most  remarkable   artesian  belt  in 

Australia  occurs  in  the  Liverpool  plains,  in 

i  ihe  northern   part  of  New  South  Wales, 


but  very  little  has  been  done  to  develop  it. 
In  the  early  history  oi  the  country  water 
was  very  scarce  in  that  district.  All  the 
rivers  and  creeks  in  the  summer  were  ( 
turned  into  sand  tracts.  Wells  were  sunk 
there  arid  the  water  has  continued  to  flow 
from  them  ever  since.  The  greater  pact 
of  the  district  is  wnat  may  be  called  good  | 
boring  country,  and  little  trouble  need  be 
apprehended  from  the  swelling  of  the  sur- 
faces of  the  bores,  as  little  soapstone  is 
met  with. 

So  much  is  said  about  the  drought  of 
Australia  that  very  few  persons  are  aware  j 
that  tne  average  rainfall  in  ali  the  colonies 
will  compare  favorably  with  that  of  other 
countries.  In  New  South  Wales,  a  terri- 
tory of  310,000  square  miles,  the  average 
rainfall  is  24  inches,  at  Sydney  it  is  about 
50  inches,  at  Eden  it  is  70  inches,  but  in 
the  flat  country  it  is  only  about  10  inches, 
The  average  "rainfall  in  Queensland  is 
about  the  same  as  that  of  New  South 
Wales.  The  former  colony,  however,  ia 
more  subject  to  tropical  ruins  than  the 
latter.  The  rainfall,  therefore,  in  Queens- 
land rises  in  some  districts,  as  for  instance 
Johnstone  river,  to  123;  in  other  places  the 
average  is  as  low  as  8  inches. 

At  Adelaide,  South  Australia,  where 
there  are  no  high  coast  ranges  to  arrest 
the  drift  of  the  clouds,  the  rainfall  is  as 
low  as  20  inches.  At  Fort  Augusta  it  fall-* 
to  8  inches.  At  Perth*  Western  Austra- 
lia, the  average  is  31  inches,  but  at  Cana- 
roon,  in  the  same  colony,  it  does  not  aver- 
age more  than  6  inches."  At  Eucia  it  is 
10  inches.  The  rainfall  in  Victoria  varies 
from  63  incUes  at  Cape  Schanck  to  12 
inches  at  Wycher  proof.  At  Melbourne  it 
is  about  25  inches. 

The  trouble,  however,  in  Australia  is 
that  whenever  there  is  a  diminished  rain- 
fall the  effects  are  much  more  disastrous 
than  in  other  places,  on  account  of  the 
great  heat  of  the  sun  and  the  absence  of 
more  general  cultivation.  A  dimin- 
ished rainfall  of  50  per  cent  has  Ht 
times  desolated  va~t  tracts  of  country. 
The  report  of  tho  New  South.  Wales  royal 
commission,  however,  states  that  while 
one  part  of  the  country  suffers  from  a 
diminished  rainfall  other  parts  have  an 
average  supply,  and  others  again  may  be 
favored  with  an  abundant  fall.  In 'the 
basin  of  tho  Darling,  excluding  the  hilly 
portion,  the  rainfall  is  12.yi  inches.  In 
the  plains  between  the  Lachiati  and  the 
Murrumbidgee  it  is  16.33  inches,  and  in 
the  corresponding  district  between  the 
Murrumbidgeo  and  the  Murray  it  is  14. f/G 
inches.  These  raintalls  would  be  suffi- 
cient for  ordinary  crops  of  cereals  if  they 
came  at  proper  periods,  but  the  report  o"f 
the  commission  admits  that  they  do  not. 
It  says  that  as  a  rul«  in  tl^ese  district! 
when  rain  is  most  needed  it  comes  in  such 
small  quantities  as  to  be  of  little  or  no,  use 
to  vegetation. 

One  of  the  most  difficult  questions  with, 
which  tne  Australians  have  to  deal  in  con- 
nection with  the  subject  of  irrigation  is 
the  best  means  for  the  storage  of  water. 
There  is  no  doubt  that  rcost  of  the  rain- 
tail  is  of  a  temporary  benefit  only  on  ac- 
count of  its  tropical  character,  coniin^,  us 
it  does,  in  vast  quantities  when  it  is  not  * 
needed. 

Ths  Government  astronomer  states  that 
rain  foil  to  the  depth  of  10^  inches  at 
Newcastle  in  loss  than  two  hours  and  a 
half,  and  that  at  the  South  Head,  near 


Sydney,  it  fell  at  the  rate  of  1  inch  per  hour 
for  more  than  twenty  hours.  Tiie  report 
of  the  New  South  Wales  royal  commission 
recommends  the  establishment  ot  large 
reservoirs  at  the  heads  of  the  principal 
rivers  in  order  to  store  the  surplus  waters 
for  irrigation. 
The  colonial  Government  in  leasing  or 

i  selling  public  or  crown  lands  reserved  of 
late  years  land  deemed  essential  for  the 
purposes  of  water  supply  present  and  fut- 
ure. This  has  brought  up  the  whole  ques- 
tion of  "riparian  "  rights.  The  Surveyor- 
General  required  his  assistants  to  select 
and  recommend  for  reservation  and  pub- 
lic use  "permanent  water  holes,  springs 
and  parts  of  rivers  desirable  for  water  sup- 
ply." 
These  instructions  have  been  reason- 

•  ably  well  followed,  but  the  commission 
consider  that  more  intelligence  and  dis- 
cretion would  have  resulted  beneficially 
in  securing  a  larger  reservation  of  water- 
bearing and  storage  areas.  In  order 
to  avoid  the  conferring  of  riparian 
rights  more  or  less  definite  in  char- 
acter the  official  also  requires  his 
subordinates  to  omit  meanders  and  con- 
tours in  the  matter  of  swamps,  lakes, 
ponds  or  lagoons  found  within  hinds  to  be 
alienated  from  the  Crown.  The  surye}' 
is  to  be  run  ou  right  line?,  thus  avoiding 
all  boundary  issues.  "The  doctrine  of 
riparian  rights,  which  obtains  under  the 
common  law  of  England,  is  not  iipplica- 

1  ble  to  the  conditions  of  Australia,"  the 
commission  reports,  and  "it  is  calculated 
to  be  a  very  serious  obstacle"  to  Austral- 
ian progress.  The  colony  of  Victoria, 
having  by  enactment  reserved  from  sale 
i'.H  river  or  stream  frontages,  is  relieved 
from  the  dread  which  r;parivm  claims  al- 
ways produce  in  an  arid  country.  In  New 
South  Wales,  however,  these  difficulties 
have  arisen. 

In  the  matter  of  legislation  the  New 
South  Wales  Commission  made  recom- 
mendations in  the  form  ot  a  drnfced  act, 
which  has  since  become  law.  This  act 
iefines  "water  rights,  National  adminis- 
tration, district  administration,  water 
trusts,  drainace  works,  navigation  mat- 
ters," and  "offenses  and  penalties."  In 
the  preamble  it  is  declared  that  the  meas- 
ure is  designed  to  "define  the  public  right" 
in  rivers  and  streams  and  their  natural 
courses  in  stiil-waiers,  similarly  conserved, 
and  to  create  a  system  for  the  "conserva- 
tion and  distribution"  of  the  waters  flow- 
ing orcontained,  whether  above  or  beneath 
the  surface  of  the  ground. 

Much  progress  has  been  made  in  all  the 
Australian  colonies  in  the  matter  of  irri 
gation.  The  laws  are  largely  founded 
upon  those  of  Spain,  France  and  Italy  and 
have  been  found  to  work  admirably. 
The  full  cost  of  Aus:ralian  'colonial  : 


works  up  to  1383  for  watar  supply   and 
sewerage  was  ns  follows: 


New  South  Wales $19.198.485  ' 

Victoria 2;>,725,750 

Queensland 2,705,110 

Total $4.8,629,3 15 

Up  to  1888  there  were  in  New  South 
Wales  248  artesian-well  borings.  Of  these 
134  flowed  fresh  water,  77  had  saline  flow, 
11  were  brackish,  2  were  mineral,  in  10 
cases  coal  was  struck,  and  of  7  no  record 
is  given.  A  later  return  (1889)  gives  for  \ 
this  colony,  in  public  works,  110  tanks,  27 
artesian  wells,  9  dams  and  7  other  works 
—153  in  all.  In  process  of  construction  '• 
were  52  bored  wells,  21  tanks,  3  dams  and 
1  weir;  77  under  way,  or  230  works  in  all.  ' 
/The  expenditures  made  by  the  Colonial 
Government  direct  for  pastoral  waters  up 
to  1888  have  amounted  to  about  $17,500,000. 
The  colony  of  Queensland  has  but  just 
commenced  the  work  of  water  conser- 
vancy, and  the  lin.es  of  its  policy  shape 
themselves  for  botii  pastoral  and  agri- 
cultural supply.  In  New  South  Wales 
the  public  exertions  and  aid  have  been  in 
thj  direction  of  town  and  pastoral  supplies. 
In  Victoria,  besides  large  town  works,  the 
trend  is  directly  in  aid  of  agricultural  irri-  , 
gation. 

In  1888,  there  were  50  water  trusts  in  ! 
Victoria,  30  urban  water  districts,  and  1.1 
others  proposed  and  lorming.  Of  the 
town  trusts,  20  wore  of  a  loc:il  character; 
10  other:>  were  constructed  by  the  colonial 
Government.  Thore  w«ro  6  other  works 
formed  of  swamp  districts.  Tneso  covere-J 
in  all  about  one-fifth  of  the  area  of  Vic- 
toria, or  some  17,000  square  miles.  Up  to 
the  close  of  1885  the  accounts  of  the  col- 
onial department  of  water  supply  stood 
as  follows : 

Amount  of  authorized  loans $3,988,840  I 

Amount  paid  to  corporations 3,930,84:0 

Cost  of  maintenance 44.7,971 

Interest  due 3:23,048 

Revenue  received  to  date 1,397,083 

Principal  of  loans  repaid 301,904 

The-  season  of  irrigation  for  1891  will 
probably  *ee  a  great  improvement.  Several 
crusts  will  bo  able  to  deliver  water.  In 
1892  about  one-half  of  the  twenty-five  will 
do  so.  The  total  advances  that  will  be 
made  if  they  carry  out  their  improvement 
will  be  only  £1,168.000.  The  security  will 
be  1,440,000  acres  of  land,  worth  without 
irrigation  £4,000.000,  with  irrigation  double 
that  sum.  The  national  works  will  cost 
about  £1,000,000.  The  total  expenditure, 
therefore,  will  be  about  £2,000,000  sterling. 
The  colony  has  a  revenue  of  £8,000,000.  It 
has  expended  £30,000,000  on  raiiwavs. 
The  expenditure  of  £5,OJO,000  will  reclaim 
land  worth  £11,000,000,  covering  about  | 
3,000,000  acres. 


Source  of  supply  for  }£em  and  Tulars  district. 


IN  CALIFORNIA. 


WHAT    IRRIGATION     HAS    DONE 
FOK    THIS    STATE. 


Wealth   and    Population   Increased 
and  Deserts  Made  Productive- 
Prospects  for  the  Future. 


scarcely  he  believed  werw  .lot  ihs  accounts 
known  to  be  absolutely  correct. 

Nothing  can  batter  illustrate  tha  effects 
which  irrigation  has  had  upon  the  growth 
of  California  than  a  comparison  of  the 
condition  of  the  State  twenty  yo::rs  nso 
with  the  present  status.  Taking  the  cen- 
sus for  the  three  last  decades,  the  popu- 
lation was  divided  among  the  counties  as 
follows: 


43 

77—120 
.     62 


2G(J 


Leaving  out  of  consideration  the  first 
impetus  given  by  the  gold  raining  era  to 

California,    it  may   be  as-  M         im  not          ^  fo  announce  fho 
serted  as  a  fact  Susceptible  of    ready  proof  -  Mining>  chemistry,  or  Engineering)  they 
that  no  other  element  has  done  moro  than  -eond  year. 
the  practice  of  irrigation  to   build   up   the 
wealth  and    population  of  this  State,  and  ,  BY  CLASSES. 
in   the   future  it  is   equally   certain   that  Science, 

nothing  else  will  have  so  potent  an  effect  _  12 

in  the  same   lines.     So   much   greater  are  _  -jg 

the  returns   from  irrigated  lands  by  com-  29 

pamon  with  those  which  are  not  supplied  "~~  2n 

with  water,  ana  so  capable  are  such  lands 
of  sustaining  the  densest  population,  thai  79 

it     ia     self-evident    such    must    ba    the  ___._ 

case.     It  is  only  through  irrigation  that  , 
land  can  ba  brought  into  the  most  highly 
productive  state,  and   it    is   no   exaggera- 
tion  to  sav   that,  the  returns  secured   by  !d  S(,)me  of  the  Sl>f  \al  Course  Students,  are 
the  irrigating  farmer  are  from  100  to  1000  twith  80mo  ono  of  the  ColleSes'    *«"*  of 
per  cent  greater  than  the    best  efforts  of  lc 
the  non-irrigator  can  obtain.     So  great  are 
tho  rewards  of  the   irrigator   that   a   half 
dozen  acres  carelully  cared  for  will  yield  a 
larger  return  than   a   couple   of  hundred 
acres  farmed  without  irrigation.     Much  of 
the  experience  of  irrigators  in  California 
ia   of  so   marvelous   a  character  as   to   be 
almost    incredible,    and     could     indeed 


Letters. 

29 

16 

8 

47 

120 


Total. 
41 
3-1 
57 
67 

199 

.     69 

.  268 


COUNTIES. 

"0 

4 

£§ 

Copulation 
Census 
1880  

Copulation 
Census 
1890.  ...... 

COUNTIES. 

•Hoed  Vulimtion. 

1870. 

1880. 

1890. 

!    Alameda... 
Alpine  
Amador  
Butte  
Calaveras.  .  . 
i  Colusa  
Con.  Costa. 
DelNorte.. 
El  Dorado. 
Fresno  
Humboldt. 
Invo 

$11,786,381 
378,60 
2,241,07C 
8,484,014 
1,089,787 
4,339.041 
2,802.657 
454,902 
2,143,941 
3,219,230 
2,138,660 
G30,259 
1,974,856 
801,21)1 
590,997 
6.918,074 
8,588,449 
1,197,498 
2,523,78 
3,202,45, 

$49,298,44< 
S66.69S 
2,872,38f 
12,898,09^ 
2,608,81* 
17,S75,77: 
8,170.52: 
820.  25( 
2,909,7;  '; 
7.533,327 
6,607,38t 
1,177,562 
5,858,881 
2,556,274 
1,303,43C 
18,502,652 
8,924,530 
1,465,243 
6,373,98, 
6,441,416 
1,833,058 
2,305,43: 
8.076,874 
9,182,661 
9,061,990 

"7,999,343 
2,100,802 
25,748,293 
8,838,935 
3,630,746 
4,995,469 
253,520,326 
27,463,315 
4,668085 
7,764^410 
5.487.053 
25,530,723 
6,596,512 
2,813,577 
1,741,587 
3,724,857 
12,124.576 
18,802,858 
9,730,<M6 
5,202,790 
8,627,«13 
1,093,989 
•  6,403,888 
1,976.572 

12,909,950 

5,035,252 

663,183,325 

176,377,178 
'292,  349 
4,132,537 
1S,81)1,862 
4,255,875 
23,672.049 
14,! 
1,888,986 
3,560.850 

13.'  0 
1.8 
10; 
8,775,!'95 
2,501,819 
67,121,610 
10,r, 
1,891,467 
11,305,080 
13,368,921 
8.882,115 
483,431 
14,-105,751 
$M)36,644 
5,109,  145 
9,018,748 
8,195.404 
2,894,2W 
82,206,708 
5.982,820 
1,031,295 
27,703.520 
801.444,140 
86,496,107 
18,0,- 
13,637,085 
14,792,629 
51,091,808 
10,648.  DCu> 
5,036,723 
1,580,650 
5,307,354 
18.281,502 
28,833.942 
15,205,109 
•   9,271,775 
10,947,811 
1,186,555 
21  ."42,827 

8,0':. 

7,05: 
19,5J)S,649 
6,670,340 

i,0f;o,;-:flo,2:>6 

Alameda  
Alpine  
Amador  
Butte  
Calaveras  
Colusa  

2-1,23' 

G8: 

9.5SL 
11,40!- 
8,89;' 
6,1  6r 

2  022 
10,809 

e.sae 
6,14C 

1  Qo6 

62,975 

n,8s 

18,72 
9,09 
18,11 
12.52 
2.58 
10,68 
9,47 
15,51 
2,92* 
8,60 
6,59 

3  3tO 

93,516 
607 
10,315 
17,904 
8,970 
34,61} 
18,503 
2,570 
9,2C6 
•      81,877 
23.424 
3,544 
10,031 
7,103 
4,141 
101,410 
12,643 
3,317 
17,573 
8,062 
4J936 
2,013 
18,658 
16,304 
17.375 
13,564 
15,089 
4,916 
40,508 
6,890 
25,486 
JM.j-.7s  - 

297.990 
28,570 
16,179  ' 
10,054 
15,730 
47,895 
19.241 
12,109  , 
5,047  J 
12,150 
20,485 
32,691 
9,992 
5,465  - 
9,878  • 
8,685 
24.875 
6,028 

12,084 
9^56 

Contra  Costa.  .. 
D-l  None  
El  Dorado 

Kern  
Lake.... 

Fresno  
Humboldt  
Inyo.  .  . 

Lassen  
:  LosAngalea 
,  Mariu  
Mariposa..  . 
Mendocino. 
Mercea...  . 
Modoc  

Kern 

2.925 
2,969 
1  3'>7 

Lake  

Lassen 

Los  Angeles  

15,309 

6,903 
4,572 
7.515 

2,307 

33.37' 
11,325 
4,339 
12,801 
5,656 
4,309 
7,409 
11,802 
18.235 
20,827 

Mar  in 

Mariposa  
Mendocino  
Merced 

Mono  
Monterey.. 
Napa  
Nevada...  .. 
Orange  
Placer  
?luraas  
Sacramento. 
San  Ben  i  to.. 

S16.176 
3,S69;8i' 
3,9.12.906 
5,871,OC6 

'  '4,'06,V.6S9 

1,209,600 
11,187,764 

Modoc  

Mono  

403 

9,876 
7.1  G: 
19,134 

Monterev  
Napa...:  
Nevada  

Oramrs. 

piacer  ..'.::'. 

Piuinas  
Sacramento  
San  Bonito  
San  Bernard1'  MO. 
San  Die  so  
San  Francisco  
San  Joaquin  
S-in  Luis  Obispo. 
Si.  n  Alateo 

11,357 
4,489 

2c;,880 

:V,ass 

149J478 

21,050 
4,772 
6,635 
7,784 
26,2-46 
8,743 
4,17:3 
5,619 

16,871 
19,810 
6,499 

8,218 

10,851 

14,226 

84,893 

5,584 
7,78!) 
S.filS 
438,956 
21.851 
9,142 
8,fc69 
9,522 
35,039 
12,801 
9,492 
6,628 
8,010 
18,425 
25.926 
8,751 
5,159 
9,802 
4,998 
11,281 
7,848 
5,073 
11,772 
11,270 

San  Berdino 
San  Diego... 
S.  Frail  cisoo 
San  Joaquin 
S.  L.  ObLspo. 
,  San  Mateo.. 
I  Sta.  Barbara 
'  Santa  Clara. 
•  Santa  Cruz.. 
Shasta  
Sierra  
Slskiyou  
Solano  
Sonoma  
Stanislaus... 
.  Su'tor 

1,202,482 
2,583  957 
116,375,9,88 
7,883,220 
2,871,056 
1,901,955 
2,882,526 
11,813,882 
2,897.120 
1,146,118 
2,175,372 
2,154,210 
6,945,725 
6,920,006 
3,423.8(W 
2,408,295 
2,058,487 
596,161 
8,453,76^1 
1,180,224 

'  '4,752,605 

3,986,505 

.:• 

Santa  Barbara... 
Sauta  Clara  
Santa  Cf  uz 

Shasta  

Sierra 

Siskiyou  
Solano.  .  
Sonoma  
Stanislaus  
Sutter  

Teharna..  . 
Trinity  
Tularo  
Tuo]  'rain  e.  . 
Ventura... 
Yolo  
Yuba. 

Tehauui  
Trinity  
Tularo  
Tuulumne  
Ventura  
Yolo  
Yuba  

Totals  

Totals  

The  seven 
showed  the 
ibr  the  twen 

Los  Angeles. 
San  Diego.  .. 
San  Bernard! 
Kern.   . 

leading 
following 
ty  years  c 
18 
..    $6,0 

irrigation   counties 
remarkable  increase 
overcd  : 
70.                   1890. 
!>i.074       867,121,610 
*9,357           27,703,520 
>:J,4,o2          22,490,140 
"4.856          K),3&rM54 
";,7iK>           I'l.,74.'.>,b27 
'-       .    35,5:,;, 
;2,455          13,368,921 
nine-  tenths  of  this 
wealth    is   due  to 
ses  that   have   been 
ties  referred  to. 
recently    issued   bv 
gent    in    charge   o't 
Cation,    contains   a 
o  present  status   of 
,  and  it  will  ue  lib- 
The   information  is 
character  and   caa- 
uspected  of  any  ex- 

ig    development  of 
ony   life  which  irri- 
ids    to  produce  has 
i    during    the   past 
fleet   may  be  upon  i 

560.?  17 

8fi4.fiSf, 

l.oO.v'W 

The  principal   irrigation   centers 
Stato  are  the  counties  of  Los  Ange 
Diego,    Sail    Bernardino,     Kern, 
:  Fresno  and  Merced.     In  the  tvven 
from  1870  to  1890  the   population  < 
counties  will   be  seen  to  have  incr 
a  far  greater  rate  than  an;/  other  o 
terior  counties.      These,  'figures   a 
worth  studying: 
1870. 
Los  Angeles  i  R  .'?OQ 

of  the 
ies,  Sun 
Tulare, 
L.y  years 
>f  th  se  f 
sasted  at 
the  in- 
re   well 

1890. 
101,'AIO 

34,878 
25,480 
10,031 
84.875 
31,877 
8;1(>2 
•igating 
o  their 
greater 
tsida  oi 
taxable  " 
70,  1880 
i  Board 

25.' 

no...      1,2( 
!,«' 
'i  /tr 

Tuiare 

Fresno  3)2  " 
Merced  3,2( 
It  is  safe  to  say  that 
remarkable  increase  ir 
the  irrigation  enterpri 
jarried  out  in  the  cour 
The  progress  report 
R.  J.  Hinton,  special  i 
tae    irrigation    investi 
complete  epitome  of  tt 
irrigation  in  this  State 
erally   quoted   from, 
of  the   most,  accurate 
not  for  a  moment  bo  5 
agireration. 
The  most    astonishir 
the  small  farm  and  col 
Cation    so    rapidly    te 
been  seen  m    Oaliforni 
ten  years.     What  the  e 

San  Diearo 

4,951 

3,988 
2,925 
4,533 

San  Bernardino.. 

Kern  

Tiilare  

Fresno  

6,336 

2,807 
r>f  the  in 
rtionato 
is  in  far 
uti.es    ou 
The 
itios  in  1£ 
the  State 
vws: 

Merced  

The  increase  in  wealth 
counties  has   been  propo 
growth  in  population,  am 
proportion  than  the    cou 
the    irrigating     districts, 
wealth  of  the  various  cour 
and  1890,  as  returned    bv 
of  Equalization,  is  as  foil' 

veru.ee    holding    in    the  Stale  under 
i-^.e  present  census    cannot    now    be  e-ti- 
muted.     In  1880,  500  acres  wa<j  the  amount 
per  capita  for  California.     Throe  years  i^o 
t  was  estimated  m  oOO  acres.     Tiie   devel- 
!  opment  is  not  confined  to  Southern   Cal'- 
ionna,  but   has  within  the  past  four  years 
or  loss  manifested  itself  strongly  through- 
out   the    State,    except    in    sonic     of  the 
wheat-growing  counties.     It  has  reached 
largest  development  so  far  within   the 
most   lamed   fruit-growing    section.      A 
land  sale  that  took  place  quite  recently 
in     San     Bernardino     county    illustrates 
the    progress    of    the    small    farm.      At 
this  sale,    conducted   by  a  company  which 
hud    constructed    irrigation    works    in   a 
field   hitherto   regarded   as   unpromising, 
over  8000  acres  of  land   were  disposed  of 
at  an  average  rate  of   $66  34  per  acre.     Of 
thia    2000    acres     were    m    ten-acre    lots, 
nearly  1400  acres  in   twenty-acre  lots  ana 
the   balance,  except  two  lots  of  700  and 
170  acres,  was  in  subdivisions  of  less  than 
100  acrea  each.  The  California  purchaser*, 
who    know    the    advantage    of   compact 
village  life  and  horticultural  settlement, 
in  every  case  contented   themselves  with 
tha  smaller  tracts.     This  is  an    example 
on  a  little    larger   scale  as  to  one  enter- 
prise of  a  great,  many  that  are  going  on  all 
over  Southern   California  and  in  the  Sao 
Joaquin  valley.     These  fruit-growing  set- 
tlements   are    advertised    by    their    pro 
moters    as  colon)'  enterprises.     They   ar« 
seldom,   however,    co-operative    in    char- , 
acter. 

The  great  ranch  system  which  grew  up 
in  the  State  out  of  the  Spanish  and  Mexi- 
can plan  of  land  holding,  and  of  the  rail 
road  land-grant  system,  by  which  th« 
Southern  and  Central  Pacific  roads  have 
been  created,  has  broken  down  of  its 
own  weight.  Over  12,000,000  acres  were 
till  quite  recently  held  almost  unbroken 
under  Mexican  grants  within  the  southern 
counties  alone.  Disintegration  and  divis- 
ion is  in  very  rapid  progress  just  now. 
During  the  pas-t  year  in  the  counties  of 
Merced  and  Kern,  lor  example,  the  owners 
of  great  bodies  of  land  and  costly  water 
systems  have  been  actively  engaged  in 
promoting  irrigation  and  in  the  sale  of 
their  land  in  small  bodies  for  fruit  faro* 
purposes.  In  Merced  county  one  of  the 
principal  holders  of  such  land  and  water 
privileges  asserted  in  1889  that  it  was  the 
owner's  intention  to  hold  on  to  the  land  la 
large  bodies  and  cultivate  it,  either  directly 
or  by  tenants,  for  wheat  and  other  field 
crops.  Since  then  the  same  interest  has 
organized  colonies  in  Holland  and  brought 
a  considerable  number  ol  settlers  there- 
from, selling  parcels  ot  land  to  them  of 
irorn  20  to  luu  acres  in  extent.  In  thnt 
county  alone  there  are  now  some  ten  of 
these  community  or  colony  enterprises 
under  way.  in  Kern  county,  where  the 
first  California  irrigation  operations  upon 
an  extensive  scale  were  begun  and  carried 
forward,  the  land  and  water  owners  inter- 
ested nave  been  ior  the  last  year  nctively 
uroinoung  the  sale  and  subdivision  of 
iheir  great  estates.  1'our  fruit  colony 
settlements  are  already  under  way  tbrouga 
their  efforts.  Three  other  colonies  hnv* 
been  inaugurated  m  another  portion  of  the 
county  whose  water  supplies  are  obtained 
irora  an  artesian  basin  of  the  most  re- 
markablecfa  T-w^i  '  ai*in  is  fed  by 


the  drainage  of  the  Sierras,  the  culminat- 
ing point  Oi  which,  Mount  Whitney,  lied 
directly  to  the  east  oi  its  location. 

In  Tulare  county,  still  tha  most  exten- 
sive wheat-growing  section  of  the  8;in 
Joaquin  valley  and  the  State,  a  region  in 
which  but  a  few  years  since  there  ap- 
peared to  be  no  room  ior  horticulture,  or 
even  agriculture,  uuoii  a  paying  basis, 
ther*  is  now  a  growing  and  rapid  division 
of  the  land  into  fruit-farm  areas.  The 
tendency  throughout  the  whole  region  ia 
in  this  direction— that  of  thickly  settled. 
Communities,  living  in  comfort  and  even 
in  luxury  upon  very  small  bodies  of  highly 
cultivated  land,  ia  iiie  western  part,  aC 
Han  ford,  and  along  the  eastern  slooe  of 
the  coast  range,  a  section  in  which  devel- 
opme.,t  has  been  heretoiore  very  slow, 
there  is  now  a,  rapidly  growing  increase 
of  irrigation  works  ana  supplies.  At  Hoi- 
lister  and  aome  other  points  in  San  Benito 
county  large  irrigation  works  are  being 
established.  Several  land  enterprises,  di- 
vided into  holdings  of  from  ten  to 
twenty  acres,  are  in  operation.  In 
Ventura  county  the  same  tendency  is 
also  seen.  In  bauta  Barbara,  to  a  certain 
degree,  small  orcaard  holdings  fiave  long 
existed ;  but  not  until  recently  h?is  the  or- 
ganization of  horticultural  communities 
^s  bucn  obtained  a  foothold  there.  In  the 
counties  of  Los  Angeles.  Orange,  San  Ber- 
nardino and  San  Diego  tiie  growth  of 
fruu-fitrrmng  communities  has  been  * 
most  notable  feature  of  the  last  few  years. 
it  began  with  the  success  ol  Kivemu'e,. 
Fasauena,  Pofnona,  and  other  of  the  older 
settlements.  There  are  about  20<J  of  these 
prosperous  hives  of  comfort,  iertimy  and 
oeuuty  of  surrounding  within  the  boun 
aaries  of  what  it*  known  as  Southern  Caii 
iornia.  These  are  not  boom  lovvns,  bii 
pi j c«s  in  which  much  work  and  high  cul 
tivation  have  already  secured  success 
San  Diego  county  is  now  being  developec 
under  this  plan  of  operation*.  Ail  of  tbe*< 
aettlementa  owe  their  existing  prosperity 
to  the  water  supply,  which  enables  then 
to  irrigate  lands  otherwise  arid. 

The  growth  of  population  in  California 
during  the  past  decade  will  illustrate,  not 
ulone  the  economic  importance  of  the  culti- 
vation oi  the  soil  by  irrigation,  but  the  so- 
cial significance  of  tae  changes  which 
such  methods  of  cultivation  tend  rapidly 
to  produce  in  farm  life  and  haoits.  Under 
its  influence  striking  changes  are  going 
on  in  the  character  of  the  State.  During 
oho  past  ten  years  California  has  gained  at 
the  raic  of  39  per  cent  in  population.  Th« 
cause  of  that  luna  can  be  soen  when  it  is 
Known  that  thirteen  counties  of  tne  State 
nave  lost  in  population  irom  1  to  73  per 
cent,  while  fitieen,  including  the  most 
important  irrigated  areas,  have  growtt 
mure  rapidly  tnan  the  State  at  large.  In 
the  counties  that  have  fallen  back;,  min- 
ing, stock  raising  and  lumber  industries 
have  been  the  principal  support.  In' 
fifteen  counties  that  have  grown  so  largely, 
farming  pursuits  under  irrigation  huv* 
uecorne  the  chief  leature  of  their  develbp- 
...„.,,  'i«,.<.  *„,„!  population  ol  the  State 


uent.     Ttie   total 


in  1880  was  861,552.  in  189 J  it  was  1,203,- 
';oy.  Tha  gain  in  the  eleven  counties  most 
Ieeply  interested  in  irrigation  has  beeu 
over  753  per  cent.  The  percentage  is  as 
iollows:  HIHHIH 


County  of — 

Fresno 

Keru 

Los  Angeles 

Merced 

Orange 

SHU  Bernardino 

San  Diego 

San  Luis  Obiapo. . . 

Santa  Barbara 

Tulare 

Voniura 


OG 


and  oranges  at  least  $300  per  acre.  The 
loss  of  20  per  cent  on  such  crops  would 
reach  a  very  large  sum.  Irrigation  with 
such  soils  and  under  such  circumstances 
makes  production  as  certain  as  that  of 
the  weaver,  the  iron-molder  or  the  shoe- 
maker. The  sunshine  is  there,  the  soils 
are  filled  with  fertile  elements,  and  the 
water,  when  stored  above  or  below  grlound, 
made  rich  by  nitrogen,  microscopic  fungi 
and  other  fertilizers  drawn  from  earth 
j  These  counties  comprise  tiiose  affected  and  atmosphere,  will,  combined  with  the 
directly  and  indirectly  by  the  growth  of  skill  of  the  cultivator,  rob  agriculture'  of 
irrigation  enterprises  and  horticultural  »  the  uncertainty  that  has  heretofore  be- 
progreas.  Taking  the  six  counties  of  >  longed  to  it  as  a  pursuit. 
Southern  California  proper,  to  wit,  Santa-  It  appears  to  be  a  well-founded  fact  that 
Barbara,  Los  Angeles,  Orange,  San  Diego,  the  water  supply  in  Southern  California 
Ventura  and  San  Bernardino,  the  in-  has  been  in  many  places  largely  increased 
crease  oi  population  will  be:  during  the  past  few  years.  In  some  it  has 

In  1830 64,37$    been    more    than    doubled    by    artificial 

Iii  1»90. 302,974    means,  and  this  development  is  going  on 

• ~    rapidly.    The    artificial  progress  is  thus 

An  increase  for  the  decade  of 138,59« ;    conclusively  stated  by  one  whose  valuable 

The  counties  in  Northern  and  Central  experiences  enforce  his  conclusions:  The 
CaliiornU  which  have  maintained  and  in-:  water  supply  during  the  past  few  years 
creased  their  population  will  also  be  found,  has  been  materially  increased  and  in 
to  have  been  favorably  aiiected  by  th« '  many  places  more  than  doubled  by  artifi- 
tendency  that  irrigation  has  so  developed,,  cial  means,  and  this  development  is  going 

Another  evidence  ot  tho  value  of  this  j  on  to-day  at  a  rapid  rate, 
form  of  farm  life  may  be  found  in  the  First — The  natural  flow  is  being  saved 
banking  statistics  of  California.  There  ur«  '  "by  the  construction  of  conduits  (pipes  and 
232  banks  in  the  State.  Of  these  twenty* ,  cement  canals),  which  save  all  the  water 
eight  are  in  San  Francisco  and  sixty*  in  the  streams  and  put  it  where  it  will  do 
three  in  the  Southern  counties.  Putting  the  most  good. 
aside  the  San  Francisco  bank  statement, ,. 
it  appears  that  the  sixty-three  banks  had 
on  the  first  of  July,  1890,  of  cash  on  hand,  ' 
$(5,264,000;  the  remaining  141  banks,  scat-! 
tered  over  the  State,  held  as  cash  in 
hand  only  $9,265,000.  The  State  at-1 


Second — The  natural  flow  of  our  streams 
is  being  increased  by  running  tunnels  un- 
der the  beds  of  the  streams  to  take  the  un- 
derflow which  otherwise  is  lost. 

Third— Artesian  wells  are  being  sunk  in 
large  numbers  and  large  irrigation  sys- 


large  shows  $26  in  cash  to  each  in habi-!  terns  are  being  formed  and  an  abundance 
taut.  Southern  California,  however,  of  water  is  being  obtained  from  this  one 
shows  $31  to  each  one  of  its  po.pu-  sousce  alone,  which  is  adding  millions  to 

'  lation.     Leaving  San  Francisco  and  South-  >  our  wealth  and  thousands  to  our  popula- 

I  ern  California  out  of  account,  the  average    tion. 

!  cash  per  capita  elsewhere  would  bo  $11. 
The  deposits  ot  the  ban  Bernardino  banks 
show  an  average  ot  $93  to  each  man, 
woman  and  child  within  the  county.  It 


is  claimed  that  the  property  of  the  State 


Fourth — Storage  reservoirs  are  being 
successfully  built.  There  are  at  present 
three  large  reservoirs  completed  and  filled 
with  water.  Tho  first  attempt  was  the 
Bear  valley  reservoir  in  San  Bernardino 


give    an    average  of  $9000    to  each  f)  county.     It  is  a  grand  success,  and  no  one 


family.  These  figures  are  presented  in 
illustration  of  the  remarkable  tendency 
toward  small  farming  which  irrigation 
produces  everywhere,  and  of  the  still 
more  remarkable  results  as  to  security 
and  prosperity  which,  under  favorable 
circumstances  as  now  developed,  have  fol- 
lowed its  progress. 
The  value  of  irrigation  as  an  economio 


cau  look  into  the  future  far  enough  to  see 
the  vast  acreage  that  reservoir  will 
eventually  irrigate.  The  Cuyamaca  and 
the  Sweetwater  reservoir  in  San  Diego 
county  were  -next  completed,  both  of 
which  are  more  than  meeting  the  expecta- 
tions of  their  promoters.  The  Hemet 
lake  reservoir  near  San  Jacinto  and  the 
San  Luis  Key  reservoir  are  both  in  process 


factor  in  the  cultivation-  of  the  soil  is  of  of  construction,  and  others  will  'follow. 
the  highest  quality.  The  fact  that  the  '  This  shows  the  artificial  increase  of  irri- 
irrigating  farmer  has  the  element:?  and  th«c  gating  water. 

seasons  practically  under  his  control  is  The  area  available  in  the  five  counties 
coming  10  be  more  generally  understood  of  Southern  California,  not  including  what 
all  over  the  country.  To  illustrate  the'  is  known  as  the  desert  region,  that  may 
value  of  an  irrigation  supply:  The  semi-  be  cultivated  for  fruit  by- means  of  irriga- 
tion is  not  less  than  2,000,000  acres. 
T.  8.  Van  Dyke,  of  San  Diego,  divides 
these  acres  as  folio  vrs : 
County  of—  Acres. 

S«,n  Bernardino 300,000 

~  SieS? ••x- 550,OUO 

Angeles  and  Orange (300,000 


aridity  of  the  great  plains   region,  which 
has  been  a  marked   feature   for   several 


years,  has  caused  a  loss  of  20  per  cent  in  j 
its  productions.     If  the  fruit  crops,  then,  i 
of   the  arid  States,  especially  California, 
were  entirely  dependent,  as  are  the  wheat 
crops  of  the  plains  region,  upon  the  irreg-  I 
ular  natural  water  supply,  the  enormous 
loss  that  would  follow  can  be  easily  ap- 
preciated when    it   is    remembered    that 
peach  and  apricot  orchards,  etc.,  return  a 
net  profit  of  at  least  $100  per  acre;  the 


fentura - 300,000 

Santa  Barbara.......... 300,000 

TotaL 2,050,000 

Against  Mr.  Van  Dyke's  estimate  Los 

v „.—  r ,  -      Angeles  claims  a  much  larger  area  and 

wine  grape  and  the  table  grape  one  of  j  Credits  ban  JLnego  with  less,  but  between 
$150;  the  raisin  grape  from  $200  to  $250,  |the_authoritie3    3,000,000    acres    may    be 


as  the 


reclaimable  area.    At 


^.i  average  profit  of  $2QO  per  acre  lor  fruit 
and  other  special  crops—  which  is  rather 
below  than  above  the  yield  of  fruit  lands 
in  that  section  —  the  reclamation  of  the 
,8,000,000  acres  alluded  to  would  within 
five  years  make  an  annual  return  of  $600,- 
000,000  to  the  income  of  the  community. 
Mr.  Van  Dyke  declares: 

"The  amount  of  land  available  in  South- 
ern California  for  the  production  of  all 
kinds  of  fruit  is  a  thing  that  few  even  of 
its  oldest  residents  have  any  idea  of. 
Every  year  sees  thousands  of  acres  of 
vineyard  and  orchard  shining  upon  land 
that  the  year  before  every  one  supposed 
nature  had  designed  only  for  brush  or 
cactus.  Every  year  sees  thousands  of 
Tines  and  trees  come  into  the  mil  bearing 
of  abundant  and  perfect  fruit  upon  gravel 
and  bowlder  washes,  wastes  of  cobble- 
•tones,  etc.,  that  but  three  or  four  years 
ago  the  poorest  seeker  for  a  home  on  the 
public  lands  would  not  touch.  So  every 
year  sees  water  brought  higher  and  higher 
over  the  country,  and  thousands  of  acres 
which  must  have  irrigation,  and  which 
with  water  are  the  most  valuable  parts  of 
the  whole,  are  being  yearly  reclaimed. 
Southern  California  is  getting  more  water 
than  ever  before;  is  entering  upon  an  era 
of  water  development  that  will  cast  the 
past  into  the  shade.  This  is  of  far  greater 
importance  than  the  discovery  of  new 
land,  for  it  is  the  irrigated  sections  that 
will  produce  the  greatest  amount  of 
wealth,  and  maintain  upon  the  market 
the  highest  standard  of  products." 

The  farm  value  of  the  fruit  trees  raised 
in  the  United  States  is  not  less  than  $180,- 
000,000.    Our  annual  imports  of  fruits  and 
nuts  may  be  estimated  at  a  value  of  $20,- 
000,000;    just    about    the    amount     that 
franco    spends  annually  in    aid   of   her 
agricultural  development.    Our  total  ex- 
ports will  not  exceed  one-tenth   of  our 
fruit  imports.    Oi  oranges  we  import  not 
less    than    1,750,000    boxes;     of    lemons, 
2,275,000;  of  raisins,   more    than  2,000,000 
boxes  of  twenty  pounds  each,  and  of  figs, 
8,000,000   pounds    at   least;  the   value  of 
prune*  imported  cannot  be  less  than  $800,- 
000.     The  3,000,000  acres    of   land  which 
Mr.  Van  Dyke  claims  can  be  reclaimed  in 
authern  California,  alone  will  produce  ot 
le  finest  of  fruits  enough  to  wipe  out  the 
ifference     between      our     pre?ent     ex- 
>rts   and   imports    of   such  production. 
?his      fact    alone      is      sufficient     war- 
it    for    the    practical    interest    mani- 
isted  in  the  progress  of  irrigation.    It  is 
_   ident  that  California  alone  could  sup- 
ply all  of  the  temperate  and  semi-tropical 
fruits  and  nuts  that  are  now  consumed  in 
this  country.  Recent  reports  claim  a  com- 
mercial shipment  for  1890  equal  in  value 
to     $10,000,000.      Of    prunes.      15,000,000 
pounds;  raisins,  40,000,000  pounds,  and  oi 
oranges  4000  carloads  have  been  shipped 
out  of  the  State.    Nor  is  this  all  of  the 
benefit  arising  from  special  culture  and 
IP  tensive  farming  by  means  of  irrigation 
Our  wine  imports  exceed  in  value  $7,000,- 
000    annually,   yet    California  has   about 
225,000    acres    under  wine-grape  culture, 
and  exports  wine  to  Europe  to  be  brought 
back  and  sold  in  our  own  markets  as  of 
French  origin.    The  product  for  1890  is 
estimated  at  18,000,000  gallons.    We  can 
not  only  supply  our  own  tables,  but  we 
can  vastly  increase  that  market  by  an  in- 
crease of  the  fruit  area.   '^--'lAn  export 


and  compete  with  the  best  fruit  countries 
of  the  world,  and  ere  long  wd  shall  prob- 
ably be  found  doing  this  successfully. 

The  question  of  general  farm  competi- 
tion is  settling  itself.  Take  California,  for 
example,  as  a  wheat-growing  State.  Three 
years  since  California  had  nearly  2,800,- 
XX)  acres,  producing  over  30,400,000  bush- 
els. The  past  year  the  cereal  crop  was 
about  27.000,000  centals.  The  average 
value  of  the  wheat  product  was  $7  50  per 
acre.  The  difference  in  favor  of  the  East- 
farmers'  contiguity  to  market  is  esti- 
mated at  about  30  cents  per  bushel. 

In  an  address  before  the  State  Horti- 
cultural Society  N.  P.  Chipman  declared 
that  the  yield  per  acre  in  California  has 
fallen  off  at  least  28  per  cent  within  eight- 
een years.  He  estimates  its  average  as 
below  that  of  the  United  States  as  a 
whole.  It  is  claimed  therefore  that  to 
raise  wheat  for  the  world's  market  is  com- 
paratively unprofitable  farming,  and  that 
fertility  and  production  are  alike  dimin- 
ishing. Forage  plants,  especially  alfalfa, 
are  much  more  valuable  when  combined 
with  the  raising  of  fine  stock.  But  a  very 
large  proportion  of  the  area  devoted  to 
wheat  in  California  can  profitably  be 
transferred  to  fruit  culture,  with  a  differ- 
ence in  favor  of  the  grower  in  net  profits 
of  from  $100  to  $300  per  acre.  In  1874 
Vaca  valley  contained  4500  acres  devoted 
to  wheat  and  alfalfa.  It  is  now  planted 
to  trees  and  produces  an  annual  profit  of 
nearly  or  quite  $200  per  acre.  Land  worth 
$60  in  1874  sold  for  $600  in  1888.  At  New- 
castle, in  Placer  county,  among  the 
foothills,  wheat  land  worth  five  years 
since  from  $5  to  $10  per  acre  ia  now  sell- 
ing for  fruit-growing  purposes  at  from 
$100  to  $200  per  acre.  Wheat  lands  in 
Merced  county,  under  ditch  two  years 
since,  selling  at  from  $25  to  $40  per  acre 
and  renting  for  half  these  figures,  are 
selling  no^y  for  fruit  purposes  at  from  $60 
to  $150  per  acre*  At  Bakersfield,  Kern 
county,  a  similar  change  frprn  alfalfa  and 
wheat  to  vin«»s  and  fruit  trees  has  trebled 
the  value  of  the  land.  In  the  whole  San 
Joaquin  valley  the  Vineyards  average  but 
twenty-three  acres  each. 
Wf  One* of  the  most  striking  evidences  of  all 
this  change  under  the  magic  touch  of  irri-  i 
gation  is  that  exhibited  by  Fresno  county, 
in  the  center  cf  the  San  Joaquin  valley, 
California,  especially  that  portion  of  it 
lying  adjacent  to  Fresno  city.  In  1871  a 
colony  of  8*00  persons  settled  there  and 
laid  out  6000  acres  in  small  vineyards,  for 
the  purpose  mainly  of  cultivating  the 
muscat  or  raisin  grape.  This  colony,  be- 
gun on  the  16th  of  February,  1871,  is  the 
most  prosperous,  with  the  exception,  per- 
haps, of  Riverside,  now  existing  in  Cali- 
fornia. The  same  settlers  that  bought  and 
planted  5000  acres  of  land,  paying  $2  50 
per  acre,  became  the  supporters  of  the 
Fresno  Canal  and  Irrigation  Company, 
which  then  had  a  length  of  about  forty 
miles  of  main  and  lateral  ditches.  In  1870 
there  were  less  than  5000  people;  in 
1890  tjiere  were  over  100,000.  There 
are  25,000  residents  in  and  around  Fresno 
city.  More  than  twenty  colonies,  large 
and  small,  are  located  there,  and  20,000 
acres  of  vineyards  are  directly  tributary 
to  that  place.  In  1890  there  were  sixteen 
main  canals  in  existence  with  a  length  of 
750  miles.  The  laterals  had  about  the 
same  mileage,  or  1500  miles  in  ail.  About 
400,000  acres  are  under  cultivation  in  the 


county.  The  entire  area  would  be  worth- 
less except  for  occasional  crops  of  wheat 
and  sparse  cropping  for  cattle,  without  the 
advantage  of  the  systems  of  irrigation  in 
vogue.  Their  cost  is  estimated  in  1890  at 
$1,500,000.  The  acreage  in  cereals  is  given 
at  300,000,  in  grapes  60,000,  in  orchards 
5000,  in  alfalfa  20, 000;  the  remaining  7000 
acres  being  utilized  for  small  products. 
In  1870  the  cultivated  area  would  have 
been  sold  at  a  high  figure  if  $1,000,000  had 
been  paid  for  it.  It  is  probably  worth 
$80,000,000  at  this  time.  The  raisin  grape 
began  to  bear  in  1873,  and  6000  boxes  of 
twenty  pounds  each  were  shipped  that 
year.  In  1883  2,800,000  pounds,  or 
140,000  boxes,,  were  shipped  from 
Fresno  city.  In  1890  the  crop  was  over 
1,000,000  boxes  of  twenty  pounds  each. 
Land  unimproved  with  water  sells  at 
the  present  time  at  from  $50  to  $100  per 
acre;  improved  and  "under  ditch"  at 
from  $100  to  $300  per  acre.  The  cost  of 
water  royalty  is  included  In  the  land, 
which  remains,  therefore,  inalienable 
from  it.  The  annual  cost  of  maintenance 
averages  62%  cents  per  acre.  Within  the 
year  1890  irrigation  districts  Lave  been 
rorm,ed  in  Fresno  county  under  the 
Wright  laws,  the  bonds  for  the  construc- 
tion of  which  works  are  about  to  be  is- 
sued. Under  these  laws  the  company  and 
private  works  now  in  existence  will  be 
purchased  or  condemned,  and  be  paid  for 
out  of  ttie  proceeds  of  the  bonds.  This 
system  will  result  in  a  large  increase  of 
irrigable  area. 
In  California  horticulture  is  in  great 

i  part  the  result  of  irrigation.  This  is  es- 
pecially true  of  the  culture  of  citrus  fruits, 
raisin  grapes;  to  a  large  extent  also  of 
wine  grapes  and  of  the  deciduous  trees 
throughout  Southern  California.  The 
fruits  of  the  temperate  zone  and  the  cult- 
ure of  the  prune— one  of  the  largest  fruit 
projects  of  the  State — is  accomplished,  as 
a  rule,  without  the  direct  application  of 
water  to  the  land  on  which  tne  trees  are 
grown.  Natural  sub-irrigation  is  but  just 
being  understood  within  the  irrigable  re- 
gion as  necessary  for  the  successful  culti- 
vation of  these  fruits. 

The  commercial  value,  as  well  as  other 
social  and  economic  factors  of  crops  grown 
under  irrigation  are  forcibly  illustrated 
by  the  results  of  fruit  culture.  In  Califor- 
nia generally  horticulture  i»  almost  im- 
possible without  irrigation,  natural  or 

;  artificial.  The  prune  grows  to  its  greatest 
perfection  in  the  coast  region,  where  the 
surface  is  underlaid  with  water  and  the 
rainfall  ie  Abundant.  The  olive,  fig,  Eng- 
lish  walnut  and  other  deciduous  fruit 

I  trees  flourish  well,  being  irrigated  only  in 
their  earlier  years. 

The  raisin  grape  and  the  orange  most 
forcibly  illustrate  the  value  of  irrigation. 
That  California  could  grow  oranees  to 
perfection  was  demonstrated  by  the  Padres 
100  years  ago,  but  their  actual  production 
as  a  commercial  factor  began  in  Riverside 
in  1870.  Then  Riverside  was  but  a  sheep 
ranch.  The  largest  land  owner  pleaded 
to  have  his  taxes  reduced  to  75  cents  per 
acre.  Without  irrigation  Riverside  and 
its  neighbors  would  have  no  real  value 
for  their  land.  It  took  800  acres  to  support 
a  ranchman  and  twenty-five  to  poorly 
feed  one  head  of  cattle.  Now  6,000 

1  people  live  well  on  6,000  acres.  No  land 
in  America  supports  so  well  so  many  peo- 


ple, and  no  locality  has  so  many  beautiful 
and  striking  features  of  landscape.  Of 
this  area  3,000  acres  are  in  oranges,  the 
oldest  trees  being  15  years  old,  while  thou- 
sands are  but  just  fruiting.  In  1890,  1480 
carloads  of  o'ranges  and  lemons  were 
shipped  to  market,  the  value  per  car  be- 
ing $800,  or  a  total  of  $1,184,000,  a  net  re- 
turn per  acre  of  $395.  The  area  about 
Riverside  is  now  about  12,000  acres.  The 
entire  population  is  not  less  than  8,000. 
There  are  750,000  citrus  trees  owned  and 
cultivated  by  660  persons.  Raisin  grapes 
occupy  a  large  area,  and,  with  opber  fruits, 
gave  a  return  last  year  of  $700,000.  A 
moderate  estimate  places  the  value  of 
fruit  shipped  from  Riverside  last  year  at 
$1,800,000,  a  larger  estimate  places  it  at 
$2,500,000,  which  gives  an  average  of  over 
$2,200,000,  or  $300  uer  acre. 

The  original  cost  of  the  land  upon  which 
these  valuable  crops  are  raised  it  will  be 
very  difficult  to  estimate.  It  certainly 
does  not  exceed  from  first  to  last 
$100  per  acre,  or  $1,200,000  in  all.  This 
does  not  include  the  cost  of  improvements 
by  way  of  dwellings,  etc.,  which  must 
nearly  double  the  value.  The  total  cost 
of  the  works  for  the  original  settlement  of 
Riverside  will  be  about  $80  per  acre,  or,  in  ; 
round  figures,  $500,000.  For  other  works, 
pipes,  pumps,  canals  and  artesian  wells, 
the  total  cost  will  be  about  $1,100. 000,  mak- 
lug  in  all  $1,600,000  or  a  fraction  over  for 
the  whole  12,000  acres  embraced  in  the  five  j. 
Riverdale  settlements  of  $100  per  acre.  | 
The  maintenance  of  the  system  is  a  com-  i 
paratively  small  item.  It  may  be  seen  • 
by  these  statements,  which  are  rather  '. 
above  thun  below  the  mark  as 
to  the  cost  of  land  and  works,  that 
two  years'  production  at  Riverside  would 
return  a  profit  of  15  per  cent,  at  least,  on 
the  average  totality  of  outlay.  Of  course 
the  present  values  of  land  to  the  later 
purchasers  and  occupants  give  an  entirely 
different  balance  sheet.  Even  with  these 
high  figures  a  large  return  is  secured,  as, 
lor  example,  a  purchase  was  made  in  the 
winter  of  1889-'90  of  a  ten-acre  orange 
orchard,  all  of  which  was  in  bearing;  the 
cost  of  the  land  and  trees  to  the  purchaser 
was  $1000  per  acre.  The  crops  soid  divided 
between  two  grades  of  oranges,  one  for 
$1750  and  the  other  for  $1250,  making  a 
return  of  $300  per  acre.  Under  tiiii 
percentage  of  returns  the  purchaser 
of  these  ten  acr«s  would,  inside 
of  four  years,  receive  $2000  more  than 
his  original  outlay.  During  the  past  year 
the  yield  from  citrus  orchards  at 
Riverside  ranged  from  $1000  per  acre 
down  to  $261  80.  These  figures  cover  the 
net  and  not  the  gross  profits,  as  the  cost 
of  cultivation,  etc.,  are  all  deducted  before 
the  amounts  are  given.  All  these  results 
are  from  the  primary  application  of  water 
by  artificial  means  to  the  soil.  Blessed  by 
unremittent  sunshine,  by  the  clear  dry  at- 
mosphere common  to  the  arid  country, 
with  land  that  has  gathered  for  untold 
centuries  the  fertilizing  qualities  of  the 
rocks  and  soils  round  about,  and  manipu- 
lated also  by  an  intelligent  cultivation 
rarely  to  be  found,  the  student  of  the  new 
agriculture  finds  at  Riverside  abundant 
evidences  of  the  benefits  to  be  derived 
from  irrigation  and  striking  proofs  of  the 
fine  social  life  that  is  being  created  by 
such  conditions. 

One  of  the  most  notable  instances  of  the 


effect  which  irrigation  has  upon  land 
values  and  at  the  same  time  illustrating 
the  remarkable  results  of  intensive  farm- 
ing, made  practicable  only  through  irriga- 
tion, is  afforded  at  Anaheim,  which  is 
justly  called  the  parent  of  the  colony  sys- 
tem In  California.  Writing  of  this  settle- 
ment some  sixteen  or  eighteen  years  ago, 
the  well-known  traveler  Charles  Nordhoff 

?ave  a  complete  history    of   the    project. 
n  1857  several  residents  of  San  Francisco 
of  German  descent  proposed  by  united  ef- 
fort to  purchase  a  piece  of  land,  lay  it  out 
into  small  iarms,  plant  these  with  grapes 
for  wine,  and  to  do  all  this  by  one  general 
head  or  manager  and  in  the  cheapest  and 
best      manner     possible.       After     some 
discussion    fifty    men     joined     to     buy 
a    tract    of     1165     acres     of     land     on 
the    then    uncultivated    and    apparently 
desert  plain    southwest  of   Los  Angeles. 
The  price    paid  was  $2  an  acre,  and  in- 
cluded with  the  land  was  a  right  to  water 
for  irrigation.     It  may  be  added  just  here 
that  much  of  this  very  land  that  originally 
cost   but  $2  au  acre  is  now  worth  at  least 
2000,  and  cannot  be  bought  even  for  that, 
aying  as  it  does  a  high   rate  of  interest 
pon  such  valuation.     The  members   of 
the  colony  were  workingmen  of    almost 
very  occupation  except  farmers.    There 
were  blacksmiths  and  brewers  and  musi- 
cians and    merchants,  but  not  a  solitary 
'armer,  in   the  company.     None   were  in 
any  sense    well-to-do,   none    had   money 
nough  to  purchase  and  improve  ever  so 
small   a   tract,    but    they    believed    that 
co-operation    they    could    all    better 
their  condition    to  an   extent  impossible 
San    Francisco.      The    tract  "of    1165" 
icres  was  divided  into  fifty  twenty-acre 
lots,  while  a  village  plot  was  laid  out  and 
divided  into  fifty  lots,  besides  a  number 
of  lots  lor  school    and    church    purposes, 
etc.     A    competent    manager  was  chosen 
and  the   members  assessed  themselves  at 
first  for  just  sufficient  to  pay  for  the  land, 
which  at  $2    an    acre    was  no  very  heavy 
tax.    This  manager  engaged  a  force  of  In- 
dian   laborers,  and    as   the  first  step  con- 
structed an  irrigating    ditch    some    seven 
miles   in    length,    taking  water  from  the 
Santa  Ana  river  in  the  mouth  of  the  can- 
von,  near  the  point  now  known  as  Yorba. 
Beside  the  main  canal  there  were  laterals 
or  distributing  ditches  covering  the  entire 
tract  and  aggregating  450  miles  in  length. 
On  each  twenty-acre  lot  eight  acres  were 
planted  with  vines,    and  fruit  trees  were 
planted     on      the     balance.     For    three 
year  the  manager  continued  to    control 
the  tracts.  At  the  end  of  that  time  the  trees 
and   vines  were   bearing  fair  crops,   and 
accordingly  the  colonists  decided  to  take 
possession  of  their  places.      Each  stock- 
'  holdex  had  at  this  time  paid  in  ,$1200,  this 
sum     representing      the       actual      cost 
of       each        20        acres.        In       divid- 
ing      the      property,       however,       pre- 
miums were  paid  for  choice  lots,  so  that 
when  the  whole   matter  was  settled  it  was 
found  that  each   colonist    had    paid    an 
average  of  $1080  for  his  small  farm. 

In  summing  up  his  account  of  the  Ana- 
heim colony,  Nordhoff  states    that    "the 

roperty  which   cost   $1080  is  now  worth 
rom  $5000  to  $10,000."     That  was  in  1874. 


,    »a\. 

> 

IJrj 


At  the  present  time  tnere  are  lew  of  the 
original  tracts  that  can  be  bought  for  less 
than  $1000  an  acre,  and  for  many  of  them 
even  that  amount  would  be  no  tempta- 
tion. Briefly,  with  the  aid  of  water  the 
value  of  land  has  been  advanced  from  500 
to  1000  per  cent,  and  a  veritable  garden 
has  been  created  from  what  was  in  fact  a 
desert. 

That  the  district  system  of  irrigation 
will  prove  by  far  the  most  economical 
that  can  be  devised  a  little  examination 
will  show.  Take  a  hypothetical  case 
under  the  Wright  law:  The  laws  provide 
6  per  cent  on  the  bonds  and  twenty  years 
for  their  repayment,  with  a  call  on  the 
issues  after  ten  years.  Suppose,  then, 
100.000  acres  are  bonded  at  $10  per  acre, 
or  $1,000,000  in  all.  At  the  end  of  ten 
years  $600,000  will  have  been  paid  as  in- 
terest. If  the  bonds  are  then  called  in  at 
the  rate  of  $100,000  per  year  the  entire 
debt  will  have  been  wiped  out  at  a  cost  of 
interest  ot  $930,000,  or  with  the  total  of  ob- 
ligation and  repayment — a  lull  payment — 
of  $1,930.000.  This  will  be  a  tax  or  cost  per 
acre  of  $19  30.  The  average  annual  water 
rental  paid  to  private  companies  will  not 
be  less  than  $2  per  acre,  or  $40  on 
a  capitalization  of  twenty  years.  In  addi- 
tion, every  land-owner  buying  since 
water  was  brought  to  their  land  has 
paid  an  average  royalty  or  bonus  for  the 
privilege  of  obtaining  water  of  at  least  $10 
per  acre.  Under  the  district  system  no 
such  bonus  will  be  required.  'The  debt 
obligation  in  some  senses  may  be  consid- 
ered as  taking  its  place,  but  all  that  is 
compensated  for  by  the  fact  that  the  water 
belongs  absolutely  and  in  perpetuity  to 
the  land,  and  the  price  paid  includes  all 
the  works  also.  The  average  coat  of  main- 
tenance and  service  will  at  once,  under 
the  district  system,  be  largely  reduced.  In 
most  cases  it  will  at  once  be  placed  at  one- 
half,  as  there  are  no  dividends  to  make, 
and  in  a  few  years  the  average  annual  cost 
will  hardly  be  more  than  one-fourth  of 
present  rates,  or  say  50  cents  per  acre, 
where  now  $2  is  paid. 

But  the  advantage  is  to  be  most  clearly 
seen  in  the  rapid  growth  of  reclamation 
and  increase  in  land  values.  For  ex- 
ample, in  any  100,000  acres  emoraced  by 
an  irrigation  district  in  California  prob- 
ably less  than  one-fifth  will  be  under,  cul- 
tivation by  irrigation.  The  selling  price 
of  this  area,  if  used  for  family  crops  only, 
will  be  about  $40  per  acre.  If  used  for 
deciduous  fruit  and  vegetables  it  will 
reach  an  average  of  $100  per  acre.  If  for 
special  crops,  like  wine  grapes,  prunes,  etc., 
the  value  will  be  at  least  $100  per  acre.  If 
for  raisin  grapes  and  citrus  fruits  it  will 
certainly  reach  $250,  and  probably  more, 
per  acre.  Each  acre  of  the  80,000  that  is  re- 
claimed will  add  largely  to  the  selling 
value  of  every  acre  embraced  in  the  20,000 
first  cultivated,  and  a  rapid  doubling  of 
values  will  be  sure  to  follow,  and  that,  too, 
within  a  comparatively  short  period. 

The  Tulare  County  Times  makes  some 
valuable  estimates  and  comparisons  on 
the  district  and  private  systems  of  irriga- 
tion as  follows: 

The  76  canal  is  now  tha  property  of 
AUa  irrigation  district,  and  ita  yattous 


Headquarters  on  Alessanaro  tract. 


branches  will  be  extended  so  that  all  the 
lands  in  the  district  shall  receive  their 
quota  of  water.  When  the  canal  was  in 
the  hands  of  the  original  owners  those  de- 
siring water  were  required  to  pay  $5  per 
acre  for  the  privilege  of  obtaining, 
and  an  additional  sum  of  50  cents  per  acre 
per  annum  to  keep  the  canal  in  repair. 
During  the  last  two  or  three  years  or  its 
existence  the  company  had  doubled  on 
its  rates  as  above  given.  But  counting 
the  figures  as  first  given  and  allowing  in- 
terest on  the  investment  at  the  rate  of  10 
per  cent  it  will  be  seen  that  in  twenty 
years  the  farmer  would  have  expended 
$25  per  acre  for  irrigating  his  land  and  at 
the  end  of  that  time  would  have  no  pro- 
prietary interest  in  the  water  of  the  canal. 
Simply  the  privilege  of  continuing  to  pay 
this  price  or  any  other  sum  the  76  com- 
pany chose  to  collect  for  the  next  thirty 
years. 

From  Y.  P.  Baker,  one  of  the  directors 
of  the  Alta  Irrigation  district,  the  follow- 
ing figures  were  obtained,  they  being  his 
I  estimate  of  the  cost  of  irrigation  to  his 
people  under  the  Wright  irrigation  law, 
viz :  There  are  130,000  acres  of  land  in  the 
district.  Bonds  have  been  sold  to  the 
amount  of  $410,000  and  it  will  require  an 
additional  $80,000  to  complete  the  water 
system,  making  a  total  cost  of  $475,000. 
I  This  is  a  debt  of  only  $3  65  per  acre.  The 
average  yearly  running  expenses  will  be 
about  20*  cents  per  acre,  and  the  interest 
on  the  bonds  about  22  cents  per  acre  an- 
nually. Thus  figured,  this  is  an  expense 
of  only  $12  05  per  acre  in  twenty  years — 
less  than  one-half  the  price  that  would 
have  been  paid  to  the  76  company. 

One  of  the  most  interesting  questions  is 
that  of  land  values  as  produced  by  irriga- 
tion. The  nature  of  the  products  raised 
under  this  system  of  farming  and  the  in- 


tensive culture    which    it   generally    de- 
i  mands  have  much  to  do,  of  course,  with 
I  the  large  increase  in  the  commercial  value 
I  of  land  cultivated   by  this  svstem  as  com- 
'  pared  with  contiguous  areas  and  acres  not 
•  "under  ditch."      The  value  of  irrigation 
j  can  well   bo  tested   by  the  evidences  of 
|  profit.      An     examination    of    the    evi- 
|  dence    given    by    the    witnesses     before 
the    United  States  Senate  Special  Com- 
mittee    on     Irrigation     and     Reclama- 
tion   of  Arid    Lands    will   show  that  in 
no  case  were  the  estimates  of  increased 
land  values,  as   arising  from  the  artificial 
application  of  water  to  the   soil,  less  than 
$2  to  $5  per  acre  over  similar  and  adjacent 
land  not  u  under  ditch."     Indeed  the  esti- 
mates generally  run  from  $15  increase  up 
to  $250  per  acre,  and  even  more,  for  land  ' 
not  actually  cultivated,  but  in  a  position  ! 
jj  to  be  made  at  once  available  by  reason  of  • 
its   convenient    access    to  water.     These  i 
lareer  prices  are,  of  course,  the  scale  only  \ 
of  the  semi-tropical  or  other  exceptional 
areas,  wherein  iruits  and  special  products 
of  high  marketable  value  are  most  readily 
produced. 

But  it  will  be  found  during  the  develop- 
ment of  irrigation  an/1  the  cultivation  of 
the  soil  thereby  that  the  area  of  special 
products,  iu.  its  relation  to  the  whole  arid 
region,  will  enlarge  almost  continuously 
until  the  two  become  synonymous  in 
character. 

In  California  the  small  farm,  fruit  cul- 
ture and  their  necessary  intensiveness  of 
culture  have  added  greatly  to  the  value  of 
all  arable  land.  Throughout  the  State 
unirrigated  land  commands  from  $5  to  $50 
per  acre;  and  there  have  been  many  sales 
in  excess  of  the  larger  figure.  In  Los 
Angeles  county,  at  the  mouth  of  the 
!  Cahuenga  pass,  unimproved  land  with  a 
water  right  has  sold  at  $450  per  acre;  ordi- 
nary vine  land,  unirrigated,  is  worth  $40,  ' 


r  acre.     Irriga- 
•;i creases   ^^^  values  "to  $150  and  $800 

per  aer'1 

Tj.n  San    $eni:v  "  »s   Angeles 

ties  the  factors  of  values  are  far  above 

*  the  average  and  the  prices  generally  equal 
thereto.  In  Saa  Bernardino  8300  acres, 
with  water  right  (uncultivated),  were  re- 
cently sold  for  $556,000,  or  a  small  traction 
over  $67  per  acre ;  at  Remands  five  acres 
(cultivated)  sold  for  $7500,  or  an  average 
of  $1500  per  acre.  In  San  Diego  county 
farm  lands  are  worth  $20  to  $100  per  acre, 
while  land  for  orchard  and  vineyard  sells 
at  $250  to  $500  per  acre.  In  Fresno  grain 
land  sells  at  from  $20  to  $50  per  acre,  and 
$100  to  $800  per  acre  is  paid  for  fruit  land. 
In  Butte  county,  Northern  California, 
$650  per  acre  is  the  highest  price  yet 
paid  lor  orchard  land.  The  average  will 
be  about  $400  per  acre.  Kern  county  lands 
run  from  $5  to  $20  per  acre  for  non-irn- 
gated  land.  For  farming  purposes  water 
increases  this  value  to  $25  and  $40,  and  for 
horticulture  to  $60  and  $100.  Merced  holds 
about  the  same  average  for  non-irrigated 
and  a?  high  as  $75  for  irrigated  farms,  and 
$150  for  fruit  culture.  In  further  illustra- 
tion of  the  matter  of  land  values  and  of 
the  tendency  which  irrigation  is  rapidly 
producing,  the  accompanying  table  giving 
the  details  in  regard  to  1586  small  farms  is 
of  great  value: 


The 

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<o  oo  05  w  en  to  co 

COWOOOQDW 


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'«p<&H<bj 

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tOOOOO-JOCflCdOOQ 


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OOWQMW»OCC> 

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Tota 
acrea 


the  returns  from  nearly  an  iruifc  iaild~irT 
California,  except  that  devoted  to  citrus 
culture.  The  average  net  returns  oi 
wine  and  raisin  grapes,  prunes,  and 
deciduous  fruits  generally  when  they  are 
in  a  mature  state  will  range  from  $80  to 
$200  per  acre.  The  average  net  returns 
tor  matured  orange  and  lemon  orchards 
will  not  be  less  than  $350  when  all  condi- 
tions are  fair.  This  is  illustrated  by  the 
statements  made  in  San  Bernardino 
county  as  to  the  value  of  orange  orchard 
land.  The  testimony  of  fifteen  residents 
there,  for  example,  sets  the  ordinary  value 
of  such  land  at  $300  to  $1500  per  acre. 
These  witnesses  embrace  viticulturists, 
merchants,  real  estate  operators,  a  banker 
and  an  editor.  The  majority  of  them 
placed  the  selling  value  of  such  orchards 
at  from  $800  to  $1000  per  acre. 

These  estimates  refer,  of  course,  to  the 
more  improved  areas  of  that  section,  but 
it  is  safe  to  estimate  citrus  lands  with 
|  water  and  a  growing  orchard  fairly  located 
•i  as  selling  at  about  $400  per  acre.  Land 
1  which  is  not  yet  under  water  has  recently 
sold  at  from  $60  to  $90  per  acre,  because  it 
is  adapted  to  fruit  culture  and  will  be 
served  at  no  distant  day  with  an  abun- 
dant water  supply.  This  rise  in  value  is 
not  confined  to  Southern  California  alone, 
though  its  effect  is  seen  there  in  the  most 
marked  manner.  It  extends  throughout  j 
the  State.  The  difference  everywhere  is  at ) 
least  $10  to  $1  in  favor  of  the  special  pro- 
duct, the  secure  culture,  and  the  small 
farm  which  irrigation  brings  over  thut  of 
ordinary  farming,  even  with  the  aid  of 
water  and  within  the  arid  region. 

The  enormous  increase  in  values  brought 
about  through  irrigation  can  be  seen  from 
the  following  statement  of  the  assessed 
valuations  of  the  four  southern  counties 
in  1880  aad  1890.  The  actual  v»in*«  it 
]  must  be  borne  in  mind,  are  fully  twice  | 
those  given  by  the  Assessor: 


Per 
i 
gra 


Per  acr 
in  fruit 


Pfl 


Number 
of  acres. 


Yield  pe 
acre. 


*Los  Angeles 

Orange 

San  Bernardino 

San  Diego 


Totals. 


K3AL  JkCBTATB. 


1880. 
$10,477,432 


1,689,007 

1,307,802 


....|$13,453,84a.  $83,940,100 


1890. 

$45,454,99"» 

5,495.015 

12,990,005 

20,000^085 


*Los  Angeles  in  1880  included  Orange  county. 


Statements  could  easily  be  presented 
showing  much  larger  values,  and  returns 
also,  than  the  foregoing  statements  indi- 
cate, but  tbey  are  sufficiently  moderate  to 
be  taken  as  a  reliable  basis  *~-  calculating 


1880. 

189<J>. 

*Los  Angeles  

$3,033,059 

$14,253,300 
1,468,337 
4,198,550 
4,4510,286 

San  Bernardino  

586,577 
341,948 

Totals  

$3,961,584 

$24,  5<l  0,473 

*Los  Angeles  in  1880  included  Orange  county. 
A  cloud  of  witnesses  as   to  the  ca'use  of 
this  great  prosperity  may  be  cited,  but  one 
will  do. 

Charles  Nordhoff,  the  well-known  writer, 
says:  "With  water  applied  to  the  soil 
what  wonders,  what  miracles,  have  been 
wrought  in  Southern  California  in  a  few 
years.  I  saw  lliverside  in  the  spring  of 
1872  when  it  was  so  dreary  and  desolate 
a  spot  that  to  my  eyes  and  those  of  many 
others  it  seemed  a  hopeless  desert  waste. 
We  all  know  what  Riverside  is  now. 
'  Water  judiciously  applied  produced  that 
'  magnificent  result,  and  in  ten  years  made 


a  lovely  and  rich  garden  spot  of  what  was 
originally  a  barren  and  moat  unpromising 
waste. 

"I  drove  thje  length  and  breadth  of  the 
Fresno  country  in  1872,  when  even  the 
cattlemen  thought  it  too  arid  and  desert 
for  their  cows;  now  it  is  one  of  the  justly 
famous  garden  spots,  rich  w'ith  every 
product,  from  grain  to  raisin  and  other 
valuable  fruits.  The  settlement  * 
was  largely  by  colonies. 

"The  colony  plan,  as  it  was  called,  was 
laughed  at  for  a  while  in  California.  I 
have  watched  the  development  of  several 
of  the  most  noted  experiments  with  care- 
ful interest,  and  I  do  not  know  of  one  in 
which  the  members  held  together  for  even 
eight  or  ten  years  without  every  man  be- 
coming comfortably  independent." 

In  California,  except  as  to  the  assessors' 
returns,  no  effort  has  ev^r  been  made  to 
ascertain  the  extent  of  small,  private  irri- 
gation works.  The  larger  operations,  be- 
ing generally  conducted  by  corporations, 
are  better  known.  Considerable  activity 
has  been  displayed  for  the  past  year  and  a 
half.  Many  extensions  are  in  progress. 
New  canals  and  other  works  are  under 
way.  Some  of  the  larger  ones  will  be  in- 
dicated. The  chief  work,  measured  by 
area,  to  be  reclaimed  is  that  of  the  Bear 
Valley  reservoir,  in  San  Bernardino 
county.  Its  darns,  pipe  lines  and  tun- 
nels are  pieces  of  bold  engineering.  A 
brief  sketch  will  be  in  order. 

In  1880  it  was  believed  that  the  interior 
valleys  of  Southern  California  would  for- 
ever remain  sterile,  as  there  was  not  suffi- 
cient water  to  irrigate  properly  even  a 
!  limited  arable  area.  Among  the  many 
schemes  of  reclamation  put  under  way  the 
Bear  Valley  Reservoir  is  the  most  impor- 
tant. This  plan  was  first  projected  in 
1883,  and  after  examining  the  valley, 
which  had  for  outlet  a  narrow  rock- bound 
gorge,  it  was  determined  that  the  build- 
ing of  a  dam  for  reservoir  purposes  was 
entirely  practicable.  At  the  time  of  ex- 
.amiuation  there  was  no  water  running  in 
the  canyon  or  in  its  stream  bed.  Taking 
the  high-water  mark  of  the  valley,  how- 
ever, as  a  guide,  it  was  believed  that  the 
reservoir  would  fill,  and  construction 
work  was  decided  upon,  notwithstanding 
the  hostile  general  opinion  to  the  con- 
trary. A  company  was  then  organized 
and  3300  acres  of  land  were  purchased  for 
the  site.  Gates  were  built  and  observa- 
tions taken  during  the  winter  of  1883-84  of 
the  precipitation,  which  was  shown  to  be 
ninety-three  inches  over  the  watershed  or 
drainage  basin  from  which  the  reservoir 
was  to '  fill.  The  fall  in  valleys  below  is 
barely  one-seventh  of  this  tall. 

The  fact  was  thus  demonstrated  that 
were  a  dam  built  of  proper  height  360,000 
acre-feet  ot  water  could  be  stored,  a  sup- 
ply sufficient  to  irrigate  360,000  acres  of 
land  on  a  basis  of  one  inch  to  eight  acre?, 
or  enough  to  irrigate  tor  ten  years  every 
acre  then  cultivated  in  San  Bernardino. 

Another  source  of  supply  is  from 
the  Whitewater  river,  which  conies 
down  trom  the  southern  and  east- 
-  ern  slope  of  Grayback  and  San  Bernar- 
dino mountains  'by  a  canal  around  the 
eastern  base  of  Mount  Grayback,  picking 
up  all  the  mountain  streams  on  that  side 
oi  the  range. 

In  188-1  the  first  dam  was  completed  in 
the  tace  of  great  difficulty  and  the  reser- 


voir permitted  to  nil  gradually,  until,  in 
the  month  of  April,  1886,  the  water  began 
to  rnn  through  the  waste- weir.  Since  that 
time  the  reservoir  has  been  constantly 
full.  Its  summer  use  is  fully  replenished 
in  winter.  The  holding  capacity  is  re- 
markable. The  loss  between  maximum 
and  minimum  by  evaporation  and  seepage 
is  only  between  two  and  three  feet,  or  less 
than  if  the  whole  area  had  been  paved  and 
cemented,  proving  that  there  is  a  large 
phreatic,  that  is,  underflow  or  springs, 
supply,  besides  the  natural  suriace  drain- 
age. The  capacity  of  the  first  reservoir 
was  about  36,000  acre- feet  of  water. 

The  next  year  and  a  half  was  spent  in 
the   amicable  settlement  of   certain   dis- 
putes about  water  rights,  some  important 
results  of  which  were   that  a  canal  nine 
miles  long  was  built  due  east  from  tbe 
mouth  ot  tbe  Santa  Ana  caaypn  along  the 
foothills  to  Highlands,  and  vicinity.    On 
the  south  side  another  canal  was   built  in 
co-operation  with  another  company.     The 
dam  now    being  considered  is  20  feet  at  , 
foundation  base,  12  feet  at  top  of  founda-  j 
tion,  8  feet  6  inches  at  base  of   dam,  3  feet 
2  inches  at  top  and   60  feet  high.     It  is  of  j 
the  arch  type.  Another  branch  of  the  ays-  ' 
tern  is  a  small  reservoir  on  the  Santa  Ana  ; 
river,  where  a  dam  of  150  feet  high  is  be- 
ing erected,  completely  stopping  the  flow 
of  the  Santa  Ana  and  conserving  every 
year,  no  matter  how  dry  the  winter,  12,-  i 
000  acre-feet  of  water. 

It  is  intended  to  build  a  new  dam  about 
150  teet  below  the   present  one,  where  the  ; 
sides  of  the  gorge  are  more  precipitous,  to  ! 
a  height  of  120  feet  above    the  old  datum  .- 
plane,  or  133  from  base  to  top  of  the  actual 
structure.      This    dam  will   also  be  of  the  , 
crown-arch  type — about    600    feet    in    the  ! 
arc,  120  feet  high,  and  stepped  off  in  reeu-  ! 
lar    courses    from    base  73.70  feet  thick  to  ! 
the  parapet  of  about  11.55  feet.      This  for-  ! 
mation,  it  is  claimed,  properly  distributes  | 
the  strains.  At  the  center  of  the  arc  of  the  \ 
dam. there  is  to  be  erected  an  outlet  well, 
fitted    with    three    outlet    36-inch    pipes, 
capable   of     discharging      75,000    miners' 
inches  of  water.      The  lake  to  be  formed 
by  this  dam  will  be  twelve  miles  long,  and 
is  situated  in  townships  2  east  and  west, 
and  ranges  1  east  and  west,  and  is  twelve 
miles   long    by    about  a  mile  and  a  half 
wide.     The  amount  of  water  stored  will  be 
105,419,000,000  gallons,  or  larger  than  the 
ten      greatest    reservoirs   of    the    United 
States.     The  waste-weir  is  situated  at  the 
end  of  the  lake  farthest  from  the  dam. 

The  waterakad  of  the  combined.  Bear 
valley  and  Santa  Ana  reservoirs  is  271 
square  miles,  with  an  annual  average  pre- 
cipitation ot  at  least  fifty-six  inches.  The 
whole  area  is  densely  covered  with  pine, 
cedar,  live  oak,  and  a  heavy  undergrowth, 
adding  greatly  to  the  possibilities  of  water  j 
storage  by  retarding  the  melting  of  the 
snow  until  late  in  the  season,  thus  serving 
as  natural  reservoirs.  The  Bear  valley 
system  is  expected  to  irrigate  about  500,- 
000  acres  ot  land  and  furnish  power  for  an 
immense  amount  of  machinerv.  It  can 
easily  be  imagined  that  this  body  of  water, 
having  a  fall  of  4500  feet  in  a  few  miles, 
if  sent  over  turbine  wheels  at  proper  inter- 
vals, is  capable  of  furnishing  all  the  power 
the  region  served  will  ever  demand. 

The  Ontario  colony  in  San  Bernardino 
county  attords  an  instructive  example  of 
utilizing  wasto  land  and  water.  Messrs1"' 


Chalfey  Broa.,  its  organizers,  determinea 
to  carry  out  a  complete  irrigation  system 
to  the  extent  of  the  water  supply  avail- 
able;  also  to  give  to  the  community  all 
modern  conveniences  and  appliances  and 
to  charge  such  prices  for  land  as  would 
cover  this  cost.  The  site  of  the  colony 
was  selected  on  the  sloping  land  from  the 
foothills  of  the  Sierra  Madre  mountains, 
giving  a  perpetual  supply  of  water 
from  the  mountain  SHOWH  in  the  summer 
and  rain  water  from  the  lower  slopes  and 
hills  in  the  cold  months.  The  Southern 
Pacific  Railroad  bounds  the  land  of  the 
colony  to  the  south,  seven  miles  from  the 
foothills,  and  has  its  station  of  Ontario  in 
the  middle  of  this  boundary,  thirty-six 
miles  irom  Los  Angeles,  the  principal 
market  for  the  colony's  produce. 

The  site  selected  has  the  elements  for 
success  as  a  colony — productive  land  in  a 
suitable  climate,  and  a  good  commercial 
position,  with  abundance  of  water.  Water 
rights  were  secured,  the  land  purchased, 
and,  after  a  careful  examination  of  other 
enterprises,  it  was  decided  to  distribute 
the  waiter  by  means  of  cement  pipes  over 
the  whole  tract  divided  into  10-acre  lots, 
so  that  each  lot  should  be  supplied  at  the 
highest  point.  The  main  roads  were  also 
constructed.  In  accomplishing  this  the 
Chuffeys  spent  about  $170,000  for  these 
purposes: 

Dam  across  channel $    2,500 

Masonry-lined  channel  and  tunnel 35,000 

Laying  27  miles  of  cement  pipes 45,000 

Iron  pipes  for  supply  of  township 10,50< 

Improving  streets  and  tree-planting. . .     18,000 
Station,    college,   and   hotel  improve- 
ments, etc •     59,00< 

Total $170,000 

A  dam  diverts  the  water  from  the  chan- 
I  nel,  but  a  large  quantity  passes  below  the 
I  bed,  to  intercept  whictTa  tunnel  3000  feet 

1  long  wns  driven  to  cut    across    this  drain- 
age, and  thus  lead  it  into  a  masonry-lined 
[  channel  6000  feet  long.     The  water  is  taken 
i  from  this    channel    by  the  cement   pipes, 
'  but  it  is  intended   to  construct  a  reservoir 
in  which  to  store    the    surplus  water  not 
required  during  the  non-irrigating  season, 
,  with  which    the    pipea  will    then  be   con- 
1  nected.     Several    miles  have  been  laid  of 
four-inch  lap- welded  pipe  for  distribution 
purposes.     Laminated  wrought-iron   pipe 
is  now  used.     The  water  is  delivered  and 
measured  from  cement  pipes  by  means  of 
a  vertical    connection,  at  which    point    a 
valve  is  fixed.     This  consists  of  a  cast-iron 
plate,  with   an  aperture    the    size  of  the 
pipe  in  it  and    a    groove  for    the  valve    to 
slide  in.     The  valve  is   simply  a  plate  of 
cast-iron,  with  a  wrought-iron  lifting  rod. 
The  tunnel   construction    was    decided 
upon    after    sinking  experimental  shafts 
across  the  valley  and  thereby  ascertaining 
the  existence  of   a    subterranean   flow  of 
such  force    that  a    chip    of  wood  or  other 
substance  could  be  carried  across  the  bot- 
tom of  the  shaft. 

The  quantity  of  water  used  for  irrigat- 
ing by  the  pipe  system  is  500  acres  per 
cubic  foot  of  water  per  second.  The  value 
at  Ontario  of  one  cubic  foot  of  water  per 
second  is  estimated  at  $40,000.  The  unit 
of  measure  is  one-fiftieth  of  a-  cubic  foot, 
or  a  miner's  inch  of  water.  The  dis- 
charge of  a  stream  for  irrigating  purposes 
is  estimated  for  the  midsummer  period— 


that  is,  from  the  15th  of  July  to  the  1st  of 
August,  when  it  is  at  its  lowest. 

Some  of  the  boldest  projects  for  the 
storage  and  diversion  of  water  have  had 
their  origin  in  'Southern  California,  The 
supply  of  water  in  running  streams  is  so 
completely  utilized  at  present  that  the 
only  available  means  for  increasing  the 
amount  for  irrigation  is  in  the  construc- 
tion of  storage  reservoirs.  The  Bear  val- 
ley project  and  its  remarkable  success  has 
already  been  described.  In  the  same 
range  of  mountains  another  enterprise  of 
similar  character  is  now  under  way,  which 
possesses  unique  features  of  interest. 

In   March,  1890,    Charles  J.    Perlnns,  a 
i  well-known   citizen    of   San    Bernardino, 
;  and  A.  H.  Koebig,  city  engineer  of  the  lat- 
\  ter  city,  conceived   the  idea  of  utilizing  j 
j  four  large  reservoir  sites   convenient    to 
'  each  other,  lying  about  eleven  miles ftorth  I 
I  of  the  city  of  San  Bernardino  and  on  the 
j  north    side  of  the   Sierra  Nevada  range. 
I  bounding  the  valley  of  San  Bernardino  on 
1  the  11  >rth.     These  reservoir  sites  are  great  i 
!  valleys  or  plateaus  lying  at  an  elevation  j 
i  of  5000  to  7000  feet.     Their  areas   are  from 
I  180  to  375  acres  each,  and  at  an  elevation 
of  about  400  feet  above   the  other.     The 
plan  of  these  gentlemen  was  to  construct  i 
dams  at  the  gorges  of  each  of  these  reser- 
voir sites  and  store  the  great  storm  waters 
falling  there  annually,  as  well  as  convey  in 
a  canal   the  waters  of  the   South  Fork  of 
the    Mojave    river,  and    connecting  each 
reservoir  with  a  canal  or  pipe  line,  one 
with  the  other. 

At  the  lower  reservoir,  known  as  the 
Huston  Flat,  the  water  is  to  be  conducted 
into  a  canal  about  a  half  a  mile  in  length, 
thence  into  a  tunnel  4500  feet  in  length, 
running  through  the  saddle  of  the  range 
of  mountains;  thence  into  the  Waterman 
canyon,  allowing  the  waters  to  flow  down  ( 
that  canyon  about  one  mile,  and  then  in  a  i 
pipe  line  along  the  crest  of  the  west  side  i 
of  Waterman  canyon  about  two  miles,  | 
where  a  fall  of  1000  feet  is  obtained  for 
utilizing  the  water  for  elt-ctric-power  pur- 
poses. It  is  estimated  by  Colonel  Ander- 
1  son,  the  State  Engineer'of  Ohio,  and  Mr. 
Koebig  that  there  will  be  sufficient  water- 
fall for  4000  electrical  horse-power  de- 
livered at  the  cities  of  San  Bernardino, 
Redlands,  Colton  and  Riverside;  thence 
the  water  is  to  be  conveyed  in  a  pipe  line 
or  canal  in  a  westerly  direction  toward  the 
Grapeland  Irrigation  district,  Etiwanda, 
Pomona  and  the  lamous  Chino  ranch. 

Surveying  parties  were  Kept  in  the  field  \ 
for  nearly  one  year   by  Messrs.  Perkins  j 
and  Koebig  before  they  attempted  to  draw  j 
the  attention  ol  caDital  to  their  enterprise. 
In  February,  1891,  the  whole   scheme  was  -t 
mapped  out  in  a  systematic  manner  and! 
laid  before  a  number  of  capitalists  of  Cin-  i 
cinnati,  among  whom  wera  Colonel   An- 
derson, State  Engineer;  Adolph    Wood,  a 
banker,  and  Dr.  Erhman,an  eminent  physi- 
cian, after  which  these  gentlemen  visited 
California    and  made  an  examination   of 
the  plan  and  project,  and,  alter  a  thorough 
investigation,  purchased   the  property  of 
them,  and    are  now  in  the  field   at  work 
;  with     engineers    preparatory     to    issuing 
i  proposals  lor  the  erection  of  two  dams,  a 
i  4500-foot  tunnel  and  twelve   miles  of  pipe 
j  line.     The  cost   of  this  enterprise,    when 
:  completed,  will   be  over  $750,000,  and  the 
i  Amount  of  water  far  irrigation    purposes 


Main  section  Turlock  canal. 


will  exceed  10,000  inches  per  annum.  B 
is  estimated  that  the  revenue  derlyeq 
from  the  waters  furnished  to  irrigate^ 
will  equal  a  10  per  cent  annual  dividend 
on  $2,UOO,000. 

According  to  the  statements  submitted 
to  the  Senate  committe  in  1889,  the  irriga- 
tion "plant"  of  the  State  comprised  th« 
following: 

Miles  of  ditches 3833 

Cost  per  mile $640  to  $540(1 

Total  cost $10,375,289 

Acres  of  irrigated  areas- 
Farm  Crops 3,081,< 

Vines 83,< 

Fruit 131,< 

Total 3,294,000 

The  areas  of  vines  and  fruit,  it  is  need- 
less to  say,  are  grossly  underestimated. 

In  Kern  county  a  remarkable  degree  of 
development  is  in  progress,  and  the  fruit 
colonies  under  way  in  the  neighborhood 
of  Bakerstield,  Poso  and  Lerdo  have  laid 
out  a  large  acreage  for  future  cultivation. 
One  most  striking  enterprise  is  in  the 
northeastern  section  of  Kern  county,  where 
three  fruit  colonies  have  been  established, 
the  water  supply  for  which  is  found  in 
the  powerful  artesian  basin  now  being  de- 
veloped therein.  In  San  Diego  county 
there  has  been  a  steady  increase 
in  the  area  and  service  of  several 
great  enterprises  established  therein 
during  the  last  two  years.  The 
acreage  of  fruit  as  well  also  as 
or  grain  farming  has  largely  increased. 
Small  areas  have  been  brought  under  irri- 
gation by  wells  and  small  phreatic  sup- 
plies. In  both  San  Bernardino  and  Los 
Angeles  counties  there  has  been  a  steady 
growth  during  the  past  years  of  numer- 
ous small  irrigation  areas  served  by  local 
supplies,  chiefly  underground.  One  of  the 
most  interesting  developments  is  being 
made  in  Inyo  county — a  region  of  high 


altitude,"  lying  between  parallel  ranges  oi 
the  Sierras.  In  other  mountain  counties, 
as  Lassen  and  Sierra  tor  example,  con- 
siderable progress  has  been  made.  In 
Lassen  it  is  seen  in  utilizing  as  reservoirs 
of  natural  storage  basins.  In  Sierra  county 
the  development  of  an  artesian  supply  of 
water  is  referred  to.  In  Shasta,  in  the  ex- 
treme northern  part  of  the  State,  irriga- 
tion  enterprises  for  fruit  cultivation  are 
under  way,  while  elsewhere  in  the  foot- 
hills region  considerable  activity  and  in- 
terest have  been  manifested ;  progress  to  a 
considerable  extent  is  reported. 

In  further  illustration  of  the  effects  of 
irrigation  are  presented  the  following  sum- 
maries of  the  ''taxable  values"  of  Califor* 
riia  for  1879  and  1889,  as  summarized  from 
the  Senate  committee's  report: 


1879. 


1889. 


Increase. 


;  13  southern 
i  counties  en- 
I  rictied  by  ir- 

1    rigation 

]  11  other  coun- 
1    ties  where  hi 
irrigation  in- 
creases  

8  foothill 
counties  par- 
tially irrigat- 
ed  


Total.... 


$102,616,281  $350,081,695  $248,406,414 


47,791,10-1 


99,836,095 


36,397,142 


$174.046.658  $48S,714,932  $312,608,279 


The  increase  in  the  balance  of  the  State, 
twenty-one  counties,  amounted  in  1889 
over  1879  to  $192, 125, 5 78,  or  $50,297,836  less 
than  in  the  first  division  given. 

The  discoveries  and  utilizations  already 
made  give  good  reason  to  hope  that 
springs  and  artesian  water  may  bo  found 
in  considerable  volume  throughout  the 
Mojave  and  over  a  considerable  portion  of 
t-he  oeach  lines  and  other  portions  of  the 
Colorado  trough  or  basin. 

The  reclamation  of  the  Algerian  desert 


offers  lessons  ot  vaiue  in  this  direction. 
There  waters  are  restored  to  the  surface 
after  percolating  for  an  immense  dis- 
tance; here  the  stream  beds  are  numer- 
ous, and  the  courses  of  their  buried 
waters  within  the  area  to  be  reclaimed  are 
easily  ascertainable.  Railroads  have 
crossed  the  barren  waste  without  experi- 
encing great  difficulty  in  obtaining  water, 
and  indeed  in  many  places  the  water  is  so 
near  the  surface  that  the  coyotes,  as  at 
Coyote  Wells,  are  known  to  have  reached 
it.  The  chief  difficulty  in  the  way  of  a 
copious  supply  of  wuter  in  the  Colorado  ' 
desert  is  found  in  the  fact  that  quicksand  ' 
is  liable  to  choke  the  well  bores  or  other  ', 
appliances. 

Antelope  valley  is  a  part  of  the  region  ' 
known  as  the  Mojave  desert.     In  1882  the  J 
Southern  Pacific  Railroad  Company  bored  j 
an  artesian  well  «it  Lancaster  in  the  north-  ' 
ern  part  of  Los   Angeles  county  and  ob- 
tained a  good  supply  of  water.    Flowing 
water  was  no  'sooner  found    than    settle- : 
ment  began,  wells  were   bored,  cultivation 
and  improvements  put  under  way;  and 
from  this  section  of   the  Mojave  desert,' 
whose  aridity  has  been   so  notorious,  the! 
wheat  was  harvested  in  the  summer  of 
1890  that  took  the  prize  at  the  county  fair 
over  the  competition  of  all  Southern  Call-; 
fornia. 

In  this  valley,  which  is  rather  a  portion 
of  a  wide  intra-mountain  plain,  forming 
part  of  the  vast  drainage  basin  which 
once  fed  a  great  inland  gulf  that  now! 
heads  into  a  shallow  delta  some  300  miles 
below  and  is  slowly  but  steadily  reced- 
ing, as  well  as  in  the  upper  and  narrow 
Eortion  of  the  Colorado  desert,  irrigation 
as  already  created  the  beginning  of  large 
and  prosperous  fruit-growing  settlements. 
In  the  Antelope  valley  proper  since  April, 
1889,  some  10,000  acres  Have  been  brought 
under  cultivation.  This  area  can  be  read- 
ily increased  to  25,000  acres.  It  is  esti- 
mated that  in  all  50,000  acres  are  now 
under  ditch.  The  surface  supply  is  ob- 
tained from  mountain  streams,  stored 
in  three  reservoirs,  with  a  total  capacity 
of  30,000,000  gallons.  The  works  in- 
clude 5  dams,  5  headways,  7  weirs  and  6 
tunnels  driven  into  the  foothills.  The 
main  ditches  are  50  miles  in  length,  5  feet 
wide  at  the  top.  Tnere  is  an  equal  mile-  ' 
age  of  distributing  and  lateral  ditches. 
Five  artesian  wells,  besides  that  of  th« 
railroad  at  Lancaster,  have  been  sunk  to 
depths  of  from  180  to  500  feet,  with  a  flow 
for  each  ranging  from  50,000  to  200,000 
gallons  per  24  hoars.  The  economic  serv- 
ice of  their  waters  is  equal  to  a  duty  of 
7000  acres.  Over  100  wells  are  in  use. 
They  range  from  20  to  100  leet  in  depth. 
They  draw  their  supplies  irom  the  glacial 
drift  of  gravel  and  bowlders. 

In  view  of  the  extension  of  reclamation 
by  irrigation  over  large  portions  of  the 
desert  region,  now  arid  anrf  unproductive, 
it  may  be  as  well  to  suggest  in  outline 
some  of  the  products  which,  by  the  aid  of 
unfailing  sunshine,  a  tonic  atmosphere 
and  water  intelligently  applied,  can  be  as 
surely  manufactured  from  the  arid  soils  as 
the  Avool  from  the  sheep  can  be  sheared, 
washed,  carded,  spun  and  woven  into 
cloth.  Not  only  can  the  grains  and  sugar 
cane,  roots  and  other  vegetables,  with  the 
trees  and  shrubs  of  the  semi- tropics,  be 
brought  to  maturity  in  great  abun- 
dance, but  ail  of"  the  citrus  and 


deciduous  fruits  and  berries  of  TSe 
samo  regions.  Not  these  only,  but  the 
commercial,  leguminous  and  medicinal 
products  of  Mexico,  etc.,  may  be  success- 
fully cultivated.  The  date,  as  a  fruit,  will, 
require  careful  study  In  the  more  elevated 
portions.  But  the  indigenous  date  palm 
of  the  Colorado  desert  and  lower  river 
valley  yields  a  fruit  which,  in  spite  of  en- 
tire neglect,  is  still  palatable,  and  may 
yet,  by  hybridization,  become  of  commer- 
cial value.  A  great  industry  that  can  be 
created  is  that  of  the  cultivation  of  the 
olive,  with  the  preparation  also  of  it! 
various  merchantable  products. 

DISTRICTS     IfOKMKD. 


Organizations  That  Have  Been  Effect** 
Under  the  "Wright  Law. 

There  have  been  some  thirty-three  dis» 
tricts  organized  in  the  State  so  far  under 
the  provisions  of  the  Wright  law.  Ser- 
eral  others  are  in  process  of  formation, 
while  of  those  named  a  number  have  not 
taken  any  definite  action  as  yet. 

The  Alessandro  district  is  situated  in 
San  Bernardino  county  and  comprises 
some  25,000  acres  of  land  lying  in  what  is 
known  as  the  San  Jacin to  valley.  The  pe- 
tition for  the  organization  of  this  district 
was  presented  to  the  Board  of  Supervisors' 
on  December  1,  1890,  and  there  being  no 
objection  it  was  granted,  and  on  January 
3,  1891,  the  election  was  held.  The  follow- 
ing directors  were  chosen :  S.  C.  Free- 
field,  C.  T.  Gifford,  F.  M.  Townsend,  A.  J. 
Condee  and  W.  T.  Warner.  George  H. 
Kelsey  was  chosen  secretary.  The  water 
for  this  district  was  obtained  from  tho 
Btar  valley  reservoir,  bonds  to  the  amount 
of  $765,000  having  been  issued  and  trans- 
ferred in  payment  for  the  same.  The 
works  have  been  constructed  and  the 
water  is  now  being  delivered  on  some  4000 
acres  of  the  district  which  have  been 
put  under  cultivation  within  the  last 
three  months.  From  the  commencement 
to  the  close,  this  district  has  been  admir- 
ably conducted,  and  everything  has  been 
carried  out  successfully.  It  affords  one  of 
the  best  examples  of  the  value  of  water 
that  can  be  found  in  the  State.  Prior  to 
the  organization  of  the  district  and  the 
discovery  of  a  feasible  source  of  suppi.v, 
this  land  \ya  slow  or  almost  impossible 
of  sale  p.t  from  $5  to  $10  an  acre.  As  soon 
as  it  was  learned  that  water  could  be  ob- 
tained the  price  went  to  $50,  and  now  that 
water  has  been  put  on  the  land,  the  sell- 
ing price  is  $100  to  $150  an  acre.  Yet  the 
water  cost  but  $30  an  acre,  and  there  are 
twenty  years  in  which  to  pay  for  it. 

The  Citrus  Belt  district  is  in  San  Ber- 
nardino county  and  was  organized  in  Sep- 
tember, 1890.  There  nro  12,160  acres 
Within  its  limits  and  the  amount  of  bonds 
voted  was  $800,000.  These  have  been  ex- 
changed for  water  rights  and  canal  and 
Eipe  lines,  the  source  of  supply  being 
yttle  creek  and  a  series  of  artesian 
wells  of  good  capacity.  The  amount  of 
bonded  indebtedness  of  this  district  is 
$05  78  per  acre.  At  present  lands  in  this 
district  may  be  purchased  for  $75  to  $100 
ah  acre. 

Th*  East  Riverside  district  adjoins 
famous  lliverside  settlement  in 
ernardino  county.  It  was  organized 


in  fc$eptemT5e?TTKW,  -nd  includes  but  3000 
acres  of  laud  within  its  boundaries.  Bonds 
to  the  amount  of  $250,000  have  been  issued 
and  exchanged  for  a  pipe  line  and  artesian 
wells  which  provide  an  abundance  of  water. 
•Owing  to  tne  expensive  character  of  the 
Work  and  the  small  size  of  the  district  the 
average  cost  to  each  acre  is  $83  33.  The 
land  thus  provided  with  water,  however, 
sells  readily  for  from  $300  to  $500  an  acre 
unimproved,  while  without  water  it  was 
worth  nothing  in  point  of  productiveness. 
For  years  it  was  neglected  vacant  Gov- 
ernment land,  while  at  the  same  time 
lands  immediately  adjacent,  but  supplied 
with  water,  were  selling  at  $200  and  more 
per  acre.  , 

The  Grapeland  district  is  in  San  Bernar- 
dino county  and  adjoins  .the  Citrus  Belt 
district  on  the  north.  It  embraces  10,737 
acres  and  was  organized  in  June,  1890. 
Bonds  to  the  amount  of  $200,000  have 
been  voted,  and  their  proceeds  will  be  de- 
voted to  tho  construction  of  an  irrigation 
system.  The  wate..*  will  cost  an  average 
of  $18  54  an  acr«v  which  is  a  remarkably 
favorable  showing  by  contrast  with  dis- 
tricts deriving  their  supply  from  the  same 
source  and  is  a  guaranty  that  the  bonds 
issued  will  be  a  first-class  security. 

The  Elalto  district  adjoins  the  Citrus 
Belt  on  the  south,  and  comprises  7200 
acres  of  land  in  the  heart  of  the  San  Ber- 
nardino valley.  It  was  organized  in  Oc- 
tober, 1890,  and  honds  to  the  amount  of 
$500,000  were  issued  and  exchanged  for 
Yrater  rig  tats  and  pipelines.  The  supply 
of  water  is  derived  from  Ly  tie  creek  an  d 
artesian  wells.  The  bonded  indebtedness 
is  $09  44  an  acre,  and  lands  in  tha  district 
are  selling  for  $75  to  $100  an  acre. 

The  Ferris  district  is  one  of  the  healthi- 
est in  the  southern  part  of  the  State.  It 
comprises  22,630  acres  and  was  organized 
in  June,  1890.  Bcmdi  to  the  amount  of 
$442,000  were  voted,  of  which  a  little  c-ver 
lialf  were  exchanged  for  water  from  Bear 
Valley,  and  the  proceeds  of  the  remainder 
will  be  devoted  to  piping  the  water 
throughout  the  district.  This  district 
affords  another  remarkable  instance  of  a 
rise  in  values  simply  on  the  belief  that 
Water  could  be  obtained.  Before  there 
had  been  any  talk  of  organizing  a  district, 
a  tract  of  several  thousand  acres  had 
been  sold  on  foreclosure  at  Riverside,  and 
the  best  bid  that  could  be  obtained  was 
$4  50  an  acre.  Not  many  months  siub- 
^equently  the  project  of  obtaining 
^"vrater  from  Bear  valley  was  found 
to  be  feasible,  and  on  the  strength 
of  the  first  preliminary  steps  to 
that  end  the  vexy  same  men  who  were 
not  willing  to  pay  more  than  $4  50  an  acre 
stepped  forward  and  quickly  bought  up 
all  the  land  they  could  obtain  at  $35  to  $40 
an  acre,  and  the  same  land  is  now  selling 
for  $80  to  $100. 

Big  Rock  'Creek  district  is  located  in 
Antelope  valley,  Los  Angeles  county,  and 
comprises  30,400  acres.  It  was  organized 
in  July  1890,  and  bonds  were  voted  to  the 
amount  of  $400,000.  Of  these  $150.000  were 
exchanged  for  water  rights,  while  so  mueh 
of  the  remainder  as  may  be  necessary  will 
be  devoted  to  the  extension  of  the  canal 
gy  s  lem. 

The  Anaheini  district  in  Oranere  county, 
comprising  32, 500  acres,  is  one  of  the  best  in 
the  State.  Bonds  to  the  amount  of  $t300,- 
000  have  taen  voted  and  of  this  amount 
$150,000  has  been  devoted  to  the  purchase 


of  the  water  rights  and  canals  of  the 
heim  Union  >\ater  Company.  So  much 
of  the  balance  as  may  be  needed  will  be 
used  to  extend  the  system  over  lands  not 
yet  irrigated.  This  is  one  of  the  oldest  ir- 
rigated settlements  in  the  State,  and  by 
the  application  of  water  land  values  have 
risen  from  a  few  cants  to  several  hundred 
dollars  an  acre.  Examination  will  show 
that  the  bonds  of  this  district  are  one  of 
th«  boat  investments  that  could  possibly 
be  found. 

The  Central  district  of  Colusa  county  ia 
another  solid  organization.     This  was  one 
of  the  first  districts  organized  under  the 
Wright  law,  tha  date  of  the  petition  being 
October  10,  1887.      In  November,  1887,  the 
election  was  held,  resulting  in  an  over- 
whelming   vote    in    favor    of    irrigation, 
c  There  are  156,550  acres  in  this  district,  and 
bonds    to    the    amount    of   $750,000  were 
voted,  of  which  a  large  amount  have  been 
r  sold  and  the  proceeds  applied  to  the  eon- 
(  atruction  of  irrigation  works.      The  work 
is  now  well  under  way,   and  will  be  com- 
i  pleted  in  flue  time.      The  organization   of 
this  district  has  been  passed  upon   favor-  ! 
ably  by  the  Supreme  Court,  and  its  bonds 
are  now  beyond  challenge. 

Kraft  district  is  another   Colusa  county 
organization,    dating  in   December,    1888.  I 
It  comprises   13,500  acres,    and  $80,000  in  ' 
bonds  have  been  voted,  but  have  not  been 
issued.      Stony    Creek   is     the    proposed 
source  of  supply  tor  this  district. 

The  Tulare  district  of  Tulare  county  was 
i  organized  in  August,   1889,    and  comprises 
f  34,150  acres.     The  district   is  bonded  for  ; 
i  $500,000.,    and    a    large    amount  of  bonds  | 
:  have  been  sold,  the  proceeds  having  been  j 
devoted    to    tie    construction    of  works 
i  which  arc  well  under  way.     The  source  of 
:  supply  is  the  Kaweah  river,  -ind  this  dis-  ' 
1  trict  is  one  of  the  healthiest  in  the  State. 
The  Poso  district  MT»S  organized  in  Sep- 
tember, 1888,  and  comprises  4  --.COO  acres  In 
Kern  county.     It  is   bonded   for  $500,000, 
I  and  $250,000   worth   of   bonds   have  been 
.  sold.     The  source  of  supply  ifi  Poso  creek, 
and  considerable  work  has  already  been 
done  en  the  canal  system.     There  are  sev- 
i  eral    natural    reservoir    sites,    and    when 
these  are  utilized  water  will  be  available 
to  supply  at  least  100,000  acres.     Tht 
per  acre  is   but  $12  50,  which  makes  the 
bonds  of  tnis  district  a  first-class  security. 
The  Kern  and  Tulare  district  is  situated 
in  the  counties  of  those  names  and   com- 
prises 80,000  acres  of  land.     Organization 
was  effected  in  May,    1880,   and   bonds  to 
the  amount  of  $200,000  were  voted.     It  is 
proposed  to  derive  a  supply  of  water  from 
Kern  river. 

The  Madera  district  is  located  in  Fresno 
country  and  embraces  305,000  acres  of' 
Iftnd,  which  has  been  bonded  for  $850,000. 
The  preliminary  work  has  been  done  look- 
ing to  obtain  a  supply  of  water,  and  the 
prospects  of  the  district  are  very  encour- 
l aging.  The  cost  of  putting  water  on  the 
] lands  of  this  district  is  estimated  at  $2  78 
an  acre,  which  with  one  exception  is  the 
dowest  in  tho  State. 

The  Alta  district  is  located  in  Fresno 
and  Tulare  counties,  and  comprises  some 
130,000  acres.     It  was    organized    in  July, 
1888,  and  is  bonded  lor  $675,000.    Bonds  to  I 
the    amount    oi    $415,000    have  been    ex-  1 
changed  for  a  canal  system,  which  will  be  ! 
extended  so  as  to  cover  all  the  lands  in 
the  district. 
The    Modesto    district,    in     Stanislaus 


county,  comprises  81,500  acres  of  land,  and 
•was  organized   in  July,  18S7,  being,  there- 
fore, one  ot  the  first  to  take  advantage  of 
the  Wright  law.     Bonds  to  the  amount  of 
$800,000  have  been  voted,  of  which  $400,000 
\ave  been  sold,  the  proceeds  beins  devoted  j 
jo  construction   works.     (Some  important  i 
itigation  has   taken   place  here,  but  the| 
listrict  has  been  invariably  victorious. 

The  Turlock  district  of  Stanislaus  and) 
Merced  count.  —  h;-.t  t)ie  honor  of  having 
been  the  irm-i  organized  Under  the  Wrijrht 
i*w.  Tin*  election  w<tf  held  on  April  2$, 

1887,  and  the  organization  was  completed 
in  July  of  the  same  year.  There  are  173,- 
340  acres  in  the  district,  and  it  is  bonded 
for  $600,000,  of  which  $320,000  have  been 
sold.  The  source  of  supply  is  the  Tuol- 
u.nne  river,  and  the  canal  work  is  now 
well  under  way.  Some  very  important 
legal  points  have  been  raised  in  connec- 
tion with  this  district  and  have  been 
passed  upon  by  the  courts,  invariably  in 
the  support  of  the  irrigationists. 

The  San  Jacinto  and  Pleasant  Valley 
district  has  been  recently  organized  at 
Winchester,  San  Diego  county,  and  com- 
prises some  20,000  acres.  Only'the  prelim- 
inary formalities  have  so  far  been  com- 
plied with. 

A  number  of  other  districts  are  under 
discussion  in  various  portions  of  the 
State,  but  are  still  in  an  incomplete  con- 
dition. 


IN     THK     AlilO     REGION. 


!  Work 


Done      in      Other      States      and 
Territories. 

While  California  was  the  pioneer  in 
irrigation  enterprise  in  this  country,  the 
example  here  set  has  been  extensively 
followed  elsewhere.  Great  irrigation 
schemes  have  been  set  on  foot  and  carried 
out  in  Colorado,  Idaho  and  other  of  the  ; 
far  Western  States  and  Territories,  and; 
from  the  progress  mfede  in  the  past 
decade  it  is  not  too  mu  ch  to  predict  that 
if  the  some  ratio  of  advancement  be  kept 
up  it  will  be  but  a  comparatively  short 
period  before  the  major  portion  of  the 
great  arid  region  will  have  been  reclaimed. 

The  most  recent  statistics  upon  the  sub- 
ject of  irrigation  outside  of  California  are 
furnished  by  R.  J.  Hinton  of  the  National 
Agricultural  Department  in  his  last  prog- 
ress report. 

Colorado  has  shown  a  great  deal  of 
activity  in  the  construction  of  ditches  and 
by  an  increase  of  the  acreage  to  be  served. 
This  increase  was  especially  manifested  in 
Southeastern  Colorado  in  the  valley  of 
San  Luis  and  in  the  western  and  north- 
western portions  of  the  State.  The  esti- 
mates made  by  the  Senate  committee  in 
1889  of  the  area  under  water  and  culti- 
vated are  as  follows : 

STATEMENT  FURNISHED  SENATE  COMMITTEE  BY 
PROFESSOR  L.  G.  CARPENTER  AND  STATE 
AGRICULTURAL  COLLEGE,  1889. 

Number  of  water  divisions 6 

Number  of  water  districts 44 

Acres  under  ditch 2,913,273 

Estimate  of  United  States  Geological 
Survey,  699,539  acres  irrigated. 

Since  that  date  about  750,000  acres  have  ' 
been  added  to  the  area  under  water.  The 
totals  according  to  the  admirable  sum- 
ming up  of  Professor  L.  G.  Carpenter, 
whose  statement  is  given  in  this  report,  are 
as  follows: 


Square  miles • 6,256.89 

Acres  under  ditch 4,004,009 

Acres  irrigated 1,585,000 

The  mileage  of  canals  reported  to  the 
State  Engineer's  office  is  6,316.89.  This 
does  not  include  a  considerable  mileage 
of  small  ditches  within  the  mountain  val- 
leys which  are  not  reported  nor  recorded; 
the  total  within  the  State  of  mileage,  add- 
ing these,  is  estimated  at  8000.  The  total 
cost  of  the  reported  works  is  given  by  Pro- 
fessor L.  G.  Carpenter  at  $10, 950, 000."  This 
does  not  include  a  number  of  reservoirs 
constructed  during  the  past  year,  nor  the 
cost  of  the  2000  and  more  wells  that  have 
been  sunk  in  the  valley  of  the  San  Luis. 
The  total  in  the  whole  State  of  irrigation 
works  cannot  therefore  be  less  than  $13,- 
000,000. 

Great  activity  has  been  displayed  in  por- 
tions of  the  new  State  of  Idaho.  The 
Senate  Committee  on  Irrigation,  and  the 
Governor  of  the  late  Territory,  in  his  last 
annual  report,  made  a  statement  as  to 
irrigation  works,  areas  under  water  and 
cultivation,  mileage  of  canals,  etc.  The 
totals  are  given  for  the  thirteen  counties 
in  \vhich  irrigation  prevails: 

Number  of  completed  ditches 1,311 

Miles  of  completed  ditches 2,418 

Acres  irrigated  and  under  ditch  in 

1889 715,500 

Acres  that  can  be  reclaimed,  esti- 
mated  7,141,400 

Less  than  one-half  of  the  area  under 
ditch  is  actually  cultivated.  Governor 
(now  United  States  Senator)  George  L. 
Slioup,  in  his  last  report  as  executive  of 
the  Territory,  presents  a  statement  and 
table  from  A.  D.  Foote,  civil  engineer,  of 
Boise  City — a  most  competent  authority—- 
which gives  the  following  totals  for  1890: 
Area  now  irrigated  (that  is  culti- 
vated,    337,000 

Area  to  be  irrigated  when  projected 
works  now  constructing  are  com- 
pleted   1,181,500 

Area   irrigable    with   proper   water 

supply 5,046,500 

Reservoir  sites,  capacity  in  acre-feet 

of  water 4,780,000 

SfcThe    estimate    of     the    United    States 
Geological  Survey  for  1889  is  as  follows: 

Area  irrigated  and  under  ditch 400,000 

Area  under  ditches,  constructed  and 

projected 740,000 

During  the  past  year  it  may  be  fairly 
estimated  that  100,000  additional  acres 
have  been  brought  under  ditch,  35,000  ot 
\yhichhave  been  brought  under  cultiva- 
tion, while  new  worts  in  progress  in 
Southern  Idaho,  in  Bingham  county,  and 
in  the  Boise  valley  will  soon  add  several 
hundred  thousand  acres  to  the  area  under 
ditch. 

The  Territory  of  New  Mexico  is  develop- 
ing quite  rapidly.  The  principal  direction 
of  settlement  is  to  the  Maxwell  grant,  in 
the  northern  section,  along  the  central 
portion  of  the  Rio  Grande  valley,  into  the 
Mesilla  valley,  and  especially  in  that  of 
the  Rio  Pecos.  Large  works  are  under 
way  at  different  points  in  the  Rio 
Grande  and  in  the  lower  part  of  the 
Pecos,  whore,  especially,  a  railroad  i* 
just  finished,  and  other  reservoirs  and 
additional  canals  are  rapidly  approaching 
completion.  There  is  a  population  there 
in  all  of  about  20,000.  Two  years  since 
there  was  not  one-fourth  of  that  number. 
All  of  the  works  projected  and  construct- 
ing in  New  Mexico  promise  to  be  of  the 
most  substantial  character. 


Under  recent  inquiry  made  by  various 
Government  agents,  the  following  are  pre- 
sented as  the  best  figures  obtainable  for 
1890: 

Acres. 

Total  arable  area  of  Territory 36,185,000 

Total  reciaimabie  area  of  Territory 

with  present  works 1,962,342 


Total  acreage  under  ditch  and  irri- 
gated    593,315 

For  Eddy,  Chaves  and  Lincoln  coun- 
ties, at  least,  may  be  added  as  now 
"under  ditch" 184,000 


Or  a  total  under  ditch  and  irri- 
gated of 677,315 

In  Arizona  the  actual  Increase  of  acre- 
age by  irrigation  has  been  moderate.  The 
Senate  committee's  report  presented  the 
following  table  of  areas  under  ditch  and 
cultivated : 

ESTIMATED  BY  THE    SENATE    COMMITTEE    FROM 
TESTIMONIES  GIVEN  IN   1889. 

Number  ot  counties  reported 8 

Number  of  canals  reported  and  estim- 
ated          203 

Number  of  miles 740% 

Acres  under  ditch 529,200 

REPORT    OP    THE    UNITED    STATES    GEOLOGICAL 
SURVEY,  ESTIMATED  BY  P.  H.  NEWELL,  C.  E. 

Number  of  counties 10 

Acres  under  diteii 455,600 

Acres  under  irrigation , 175,000 

A cres  cultivated 203,080 

The  acting  Governor,  in  his  annual  re- 
port  to  the  Secretary  of  the  Interior,  under 
date  of  September,  1890,  gives  the  follow- 
ing  totals; 

Areas  under  ditches,  in  acres 587,460 

Areas  actually  irrigated,  in  acres. 295,200 

Miles  of  canals 845% 

These  are  estimates  made  in  the  acting 
Governor's  report  for  1890.  The  Governor 
estimates  the  total  area  reciaimabie  at 
5,550,000.  Lieutenant  Glassford,  United 
States  Signal  Service,  and  others,  estimate 
it  as  high  as  10,000,000  acres.  Captain 
George  M.  Wheeler,  E.  C.,  put  the  possible 
area  at  25  per  cent,  or  over  26, 000, 000  acres. 
The  latest  estimates  given,  gathered  by 
Government  agents,  are  as  follows: 

Acres  under  ditch 669,440 

Acres  to  be  reclaimed  by  works  in 

progress 245,000 

Miles  of  ditches 1,064^ 

Miles  of  ditches  in  construction 300 

The  development  has  mainly  been  in 
the  slow  progress  of  enterprises  that  were 
already  under  way  when  the  year  began; 
in  the  reorganization  or  consolidation  of 
enterprises;  in  the  establishment  of  sev- 
eral colony  movements — one  or  which  is 
described  elsewhere  in  this  report;  and  in 
the  growing  evidence  of  the  capacity  of 
large1  ure.'S  within  thi*  Territory  adapted 
10  the  production  of  the  finest  variety  oi 
seniiHropiciil  fruits  and  vines.  There  ia 
no  doubt  that  the  ensuing  year  will  see  a 
more  definite  policy  and  a  more  deter- 
mined effort,  in  Southern  and  Central  Ari- 
zona at  least,  to  inaugurate  irrigation  for 
the  cultivation  ot  the  soil  on  a  large  scale. 
The  prosperity  of  the  Salt  river  valley  is 
an  ample  inducement  to  that  end  and  an 
argument  for  its  success. 

In  Montana  the  Seriate  committee  re- 
port for  1889  gives  an  area  under  ditch  of 
986,000  acres;  actually  about  350,000.  Con- 
siderable activity  has  prevailed,  and  with 
the  increased  area  "of  cultivation  the  total 
will  reach  at  least  400,000  acres.  Work  in 
1  progress  and  partly  constructed  will  make 
1 1,100,000  acres  a  not  unreasonable  estimate 
[Mr  the  area  under  ditch. 


The  area  reported "(1839)  in  Wyoming 
under  ditch  by  the  Territorial  engineers 
was  as  follows: 

Number  of  recorded  ditches 2>3^9. 

Number  of  unrecorded  ditches 

Number  of  miles  in  ditches 4,249 

Total  carrying  capacity  in  miner's 

inches 33,4.75 

Total  of  acres'served 1,946,876 

The  area  cultivated  may  be  estimated  at 
8  per  cent,  or  about  160,000  acres.  The  in- 
crease in  1890  in  cultivated  area  (beyond 
forage  plants  and  pasture)  will  not  be  less 
than  15,000  acres,  making  in  all  175,000. 
No  increase  in  ditches  or  mileage  is  re- 
reported. 

The  Black  Hills  in  South  Dakota  is  at 
present  the  only  section  irrigated  by  sur- 
face works;  the  area  under  ditch  is  esti- 
mated at  100,000  acres  and  that  under  cul- 
tivation at  about  20,000  acres.  Elsewhere 
small  experiments  by  artesian  weiis 
reached  an  area  of  about  2000  acres,  and 
have  clearly  demonstrated  the  possibilities 
of  that  supply.  In  Western  Kansas, 
Nebraska  and"  Texas  some  increase  in 
area  of  cultivation  and  a  large  addition  to 
that  "under  ditch"  has  been  noted.  The 
estimates  are  as  follows: 


j  Western  Kansas 

;  W'estern  Nebraska . . . 
j  Western  Texas 


Under     uiu;u. 


1889.    I    1890. 


Acres. 
300,000 

50,000 
210,000 


Acres. 

350,000 

65,000 

^40.001 


Culti- 
vated 
1890. 

Acres. 

120,000 

10,000 

160.000 


The  area  indicated   us   cultivated   is,  of 
course,  largely  used  for  forage  plants, 
well  as  cereals  and  roots. 

The  figures,  when  summed  up,  present 
the  totals  that  follow.  This  office,  says 
Mr.  Hinton  of  the  Agricultural  Depart- 
ment, has  been  scrupulous  in  its  endeav- 
ors to  obtain  exact  statistics.  That  it  has 
not  yet  been  as  successful  as  is  desirable 
ia  due  to  inability  to  send  agents  out  and 
to  the  fact  that  the  States  and  Territories, 
with  the  exception  of  Colorado  and  Wy- 
oming, have  not  as  yet  made  any 
direct  effort  to  secure  a  full  account  of  the 
important  interest  under  review.  Proba- 
bly from  this  date,  however,  this  diffi- 
culty may  not  be  met  with,  as  in  addition 
to  the  systematic  efforts  making  under 
law  by  the  department  through  this  office 
the  United  States  Census  Office  has  also 
made  a  minute  inquiry. 

LANDS     UNDER     DITCH     IN     THE     ARID      AND 
SEMI- ARID   REGION. 


States. 


Arizona* 

California 

Colorado 

Idaho 

Kansas  (western) 

Montana 

Nebraska  (westn) 

Nevada  

New  Mexico 

Oregon  (eastern) 
S.Dakota  (BHi  Us) 
Else  where  inDak 

Texas  

Utah 

Wyoming 

Wyoming    (east) 

Totals 


Acreage   uuder 
ditch. 


Cultiva- 
tion, 1890 


529,200 

8,294,000 

2,818,273 

715,500 

500,000 

986,000 

50.000 

142,000 

638,455 

75,000 

100,000 


7,576,100 


*In  Arizona  for  1890  two  estimates  were  sent 
in,  one  of  587,460  acres  under  ditch,  and  295,- 
200  cultivated^ aCIfiSt_by  the  ncung  Governor; 


. the  other,  by  Government  officers,"of  699440  u 
acres  uuder  ditch  and  325,000  cultivated  ! 
The  figures  above  are  the  mean  of  the  two  esti-  : 
mates. 

It  may  safely  be  assumed  that  there  are  I 
very  many  small  irrigated  areas  scattered 
throughout  the  arid  region  which  are  not 

;  included  in  these  estimates.  There  are 
also  larger  areas,  not  many  in  number, 
perhaps,  in  which  the  use  of  water  for 
irrigating  natural  and  cultivated  grasses 
is  of  considerable  importance.  No  esti- 
mate is  attempted  of  the  small  irrigations 
of  house  gardens,  lawns  and  fruit  trees, 
which  prevail  in  every  city,  town  and  vil- 
lage west  of  the  ninety-seventh  meridian. 
Altogether  it  will  not  be  unreasonable 
that  the  area  actually  cultivated  in  1890 
reaches  at  least  8,000.000  acres. 

It  will  be  difficult  to  state  in  figures  and 
acres  the  actual  amount  of  irrigation 
progress  accomplished  in  the  semi-arid 
and  arid  States  during  the  year  1890.  The 
conflicting  discussion  of  this  subject  has 
had,  of  course,  to  some  extent,  the  effect 
of  delaying  investment.  It  had,  how- 
ever, one  more  beneficial,  in  that  it  has 
created  a  great  interest  in  the  whole  sub- 
ject. This  has  been  manifested  in  a  large 
variety  of  ways,  causing,  wherever  there 

!  was  no  land  policy  to  intervene,  a  very 
considerable  degree  of  preparatory  activity, 

;  whose  effect  will  be  seen  during  the  en- 

'  suing  year.  The  report  of  the  Senate 
Committee  on  Irrigation  presented  the 
following  tabulated  estimate  of  the  actual 


and  approximate  areas  under  ditch  (1889) 
within  the  region  of  J.ts  Investigation : 


Under  Ditch. 
Acres. 

Arizona 4=55,000 

California 4,000,000 

Colorado 3,000,000 

Idaho 715,000 

Kansas 300,000 

Montana 98t>,000 

Nebraska 50,000 

Nevada 142,000 

New  Mexico 800,000 

Oregon 191,000 

South  Dakota  (Bl.  Hills)  100,000 

Texas 200,000 

Utah 700,000 

Washington 75,000 

Wyoming 1,947,000 


Irrigated. 

Acres. 

225,000 

3,300,000 

1,600,000 

500,000 

75,000 

350,000 

5,000 

70,000 

625,000 

150,000 

15,000 

125,000 

413,000 

50,000 

75,000 

7,578,000 


Totals 13,061,000 

The  estimates  for  1889,  made  by  che  U. 
S.  Geological  Survey,  were  as  follows : 

Acres. 
Area  under  ditch,  constructed  and 

projected 9,974,419 

Area  under  ditch  and  irrigated 8,307,000 

The  largest  activity  has  prevailed  dur- 
ing the  past  year  in  the  States  oi  Califor- 
nia, Colorada,  Idaho  and  Montana.  In 
the  territories  of  Arizona  and  JSew  Mexico 
there  has  been  some  considerable  progress 
made.  In  portions  of  South  Dakota  and 
in  western  Nebraska  and  Kansas  the 
necessities  of  the  people  as  well  as  the 
discussion  that  has  arisen  have  crystal- 
lized into  practical  channels  various  pro- 
jects and  forms  of  enterprise  that  are 
likely  to  be  of  great  service  in  the  near 
future.  The  beginning  of  great  activity 

.  .3 t-.  _  ^  __      i  „    ,1  ' A •       •  _          TT>          _    1       - 


has  already  been  indicated  in  Washington 
and  Oregon  east  of  the   Cascade  range, 


•   •      ,  •         ,.     ,.                   .                 while  in  Nevada  there  is  a  growing  feeling 
ongmal  investigations  upon  importan  Jgj  the  8eCurity  and  maintenance  of  their 
by  the  several  courses  of  study  purs  State    organization    depends    upon     the 
good  opportunity  for  stating,  in  a  elea  ^™at,on!  '° 

IRRIGATION   DISTRICTS. 

The  following  table  shows  a  list  of  the  irrigation  districts  of  the  State—  thirty-three 
in  number  —  their  location,  names  and  postoffice  addresses  of  their  secretaries;  acreage, 
amount  of  bonds  voted  and  sold,  and  the  cost  of  supplying  water  per  acre: 

NAME  OF 
DISTRICT. 

COUNTY. 

SECRETARY. 

ADDRESS. 

Moreno  
Coiton  
Colton  
Grapeland.  .  . 
Colton  
Elsinore  
Escondido.  .  . 
Fallbrook  ... 
Murietta  
Perris  

No.  of 
Acres. 

Bonds 

Voted. 

Bonds 

Sold. 

Bonds  Pei- 
Acre. 

Alessandro... 
Citrus  Belt.. 
K.  Riverside. 
Grapeland.  .  . 
Rialto  
Elsinore  
Escondido.  .  . 
Full  brook... 
Murietta  .... 
Ferris  
Spri'g  Valley 
Big  Rock  C'k 
Monrovia  .  .. 
Orango  Belt. 
Palmdale.... 
Vinelftud.... 
Dehesia  
Anaheim.... 
OrlandS.Side 
Central  
Kraft  
Colusa  
Tula  re  
Poso  
KernATulare 
Madera  
Alia 

S.Bernard'  no 
S.Bsnirtrd'uo 
S.Bernard'no 
S.Bernard'no 
S.Bernard'  no 
Han  Diego...  . 
Han  Diego  
SnuDiefe.... 
Sail  Diego.... 
San  Die«o  
HanDieg'o.  .., 
Los  Angeles. 
Los  Angeles. 
Los  Angeles. 
Los  Angeles. 
Los  Angeles. 
Los  Angeles. 
Orange  
'Jolusa  
Colusa  
Colusa  
Colusa.  
Tulare  
Kern  
KernATulare 
Fresno  
Fresno.Tular 
Fresno,  Tulur 
Fresno,  Tular 
Stanislaus  ... 
StaniMercai 
Yubu  
San  Diego.... 

G.  H.  Kfclsey.. 
D.  A.  Barras..  . 
J.AVanarsdale 
E.  T.  Myers  
D.  Robinson..  . 
W.H.Townse'd 
A.  J.  Werden.. 
G.  A.  Scott.... 
J.C.  Mason.... 
H.A.  Plimpton 

25,500 
12,160 
3.000 
10,787 
7,200 
11.800 
12,814 
12,000 
15,600 
22,680 
22,000 
80,000 

$765,000 
800.000 
250,000 
200.000 
500,000 
None 
450,000- 

$765,000 
800,000 
100,000 
Noti  (5 
500,000 
None 
None 

$30  00 
<;.">  78 

18  54 
69  44 

'"S5'l2 

N^ne 
442,000 
None 
400,000 

None 
252,000 
None 
50,000 

'"'Jo'oO 

Ira  Carter  

Llano  

13  10 

F.  P.  Firey...... 
C.W.I)o;leuhoff 
I.  N.  Rhodes.  .  . 

B.  V.  Garvvood 
L.  P.  Behrens. 
R.  de  Lftppe... 
J.  W.  Rogers.  .  . 

E/OaicYord  '.'.'.'. 
.1.  E.  Anderson 
J.  O.  SLuener.. 
E.  H.  Cox  
G.  H.  Weaver.. 
M.  McWiiorter. 
W.  L.  C  happell 

Pomona  
Palmdale  — 
Vineland  

Anaheim  
Orland  
Maxwell  
Orland  

Tulare  
Spottiewood. 
Delano  
Madera  
Diuuba  
Selma  
Selma  

4,500 
50,000 
4,500 

*"?>2',506 
25,09Q 
15o,"j50 

i;?,5oo 

1H),000 
31,149 
40,000 
80,000 
80.3,000 
129,92} 
363,4<«0 
271,000 
8]  ,500 

200,000 
175,000 
50,000 

000,666 

100.000 
750.000 
80,000 
600,000 
500,000 
500,000 
700,000 
850,000 
67r.,000 

None 
Non- 
50,000 

None 
None 
286,000 
None 
None 
350,000 
250.000 
None 
None 
416,000 

44  44 
3  50 
11  11 

"'is'ie 

4  00 
4  78 
5  93 
6  00 
14  64 
1'2  -jl) 
10  50 
2  78 
ft  19 

Sunset  
Sfiina  
-to  
Turlock    .... 
lirovvn's  Val. 
Pleasant  Vai 

None 

800,000 
600,000 
110,000 

None 
100,000 

"O'HI 
?,  4;) 

2  5G 

R.  M.  Williams 
J.  Mcl-'arlaue.  . 
\V.  P.  Miliiken 

Ceres  
Brown's  Val. 
San  Jacinto. 

Totals  

2.100,775 

11,197,000 

$4,L'S:3.500 

$8  04 

THE  WRIGHT  LAW. 


TEXT    OF    THE    ORIGINAL    BILL 

AND  AMENDMENTS. 


The   Act   Under   Which    Irrigation 

Districts  Are  Organized  and 

Bonds  Issued. 


Several  years  ago  it  became  apparent 
Lhat  some  definite  legislation  upon  the 
subject  of  irrigation  was  a  necessity  in 
order  that  the  development  of  the  State 
might  not  receive  a  setback.  So  much  lit- 
igation had  taken  place  in  regard  to  water 
rights  and  the  laws  had  been  construed  in 
so  many  ways  that  something  radically 
different  from  any  system  then  in  vogue 
was  demanded.  The  outgrowth  of  this 
necessity  was  the  bill  known  as  the 
Wright  Irrigation  law,  which  was  intro- 
duced into  the  Legislature  of  1886-87  by 
C.  C.  Wright  of  Modesto,  and  was  passed 
through  both  nouses  and  signed  by  the 
Governor.  Since  then  the  law  has  been 
amended  upon  several  points,  and  as  now 
on  the  statute  books  it  is  appended* 

District    Irrigation    k  iiw    of    California. 

AN   ACT 

To  provide  for  the  organization  and  govern- 
ment of  irrigation  districts  and  to  provide  for 
the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for 
irrigation  purposes,  approved  March  7,  1887, 
as  amended  in  1889  and  1891. 
SECTION  1.  Whenever  fifty  or  a  majority  of 
the   holders   of   title,  or   evidence  of  title,  to 
lands  susceptible   of   one   mode  of  irrigation 
from  a  common  source,  and  by  the  same  sys- 
tem of  works,  desire  to  provide  for  tils  irriga- 
tion of  the  same,  tbey  may  propose  the  organ- 
ization, of  an  irrigation  district,  under  the  pro- 
visions oi  this  act,  and  when  so  organized  such 
district  shall    have  the   powers   conferred,  or 
that  may  hereafter  be  conferred,  by  law  upon 
such     irrigation     districts.       The     equalized 
county   assessment   roll   next   preceding    the 
presentation  of  a  petition  for  the  organisation 
of  an  irrigation  district,  under  the  provisions 
of  this  act,  shall   be  sufficient  evidence  of  title 
?or  the  purposes  bi  this  act.    (Amendment  ap- 
proved March  20,  1891.) 

The  section  before  amendment  read  as  follows: 
SECTION  i.  Whenever  fifty  9r  a  majority  offree- 
holderu  owning  lanes  suscept'bie  of  one  mode  of 
irrigation  from  a  common  source,  and  by  the  same 
system  of  works,  desire  to  provide  for  the  irriga- 
tion of  the  same,  tlusy  may  propose  the  organiza- 
tion-.jf  an  irrigation  district  under  the  provisions 
of  tn'.s  act,  and  when  so  organized  such  districts 
shall  iiavs  th»  powers  conferred,  or  that  Uaay 


hereafter  be  conferred,  by  law  upon  such  irriga- 
tion districts. 

Sec.  2.  A  petition  shall  first  be  presented  to 
the  Board  of  Supervisors  of  the  county  in 
which  the  lands,  or  the  greatest  portion  there- 
of, is  situated,  signed  by  the  required  number 
of  holders  ot  title,  or  evidence  of  title,  of  such 
proposed  district,  evidenced  as  above  provided, 
which  petition  shall  set  forth  and  particularly 
describe  the  proposed  boundaries  of  such  dis- 
trict, and  shall  pray  that  the  same  may  be  or- 
ganized under  the  provisions  of  this  act.  The 
petitioners  must  accompany  the  petition  with 
a  good  and  sufficient  bond,  to  be  approved  by 
the  said  Board  of  Supervisors,  in  double  the 
amount  of  the  probable  cost  of  organizing  such 
district,  conditioned  thai  the  bondsmen  will 
pay  all  said  costs  in  case  said  organization  shall 
not  be  effected.  Such  petition  suall  be  pre- 
sented at  a  regular  meeting  of  the  said  board, 
and  shall  be  published  for  at  least  two  weeks 
before  the  time  at  which  the  same  is  to  be  pre- 
sented in  some  newspaper  printed  and  pub- 
lished in  the  county  where  said  petition  is  pre- 
sented, together  with  a  notice  stating  the  time 
of  the  meeting  at  which  the  same  will  be  pre- 
sented; and  if  any  portion  of  such  proposed 
district  lie  within  another  County,  or  counties 
then  said  petition  and  notice  shall  be  TJUD- 
iished  in  a  newspaper  published  in  each  of 
said  counties.  When  such  petition  is  pre- 
sented the  said  Board  of  Supervisors  shall  hear 
the  same  and  may  adjourn  such  hearing 
from  time  to  time,  not  exceeding  four  ' 
weeks  in  all;  and  on  the  final  hearing 
may  make  smoh  changes  in  the  proposed 
boundaries  as  they  may  find  to  be  proper,  and 
shall  establish  and  define  such  boundaries; 
provided,  that  said  board  shah  not  modify 
said  boundaries  so  as  to  except  from  the  opera- 
tion of  this  act  any  territory  within  the 
boundaries  of  tho  district  proposed  by  said  pe- 
titioners, which  is  susceptible  of  irrigation  by 
the  same  system  of  works  applicable  to  the 
other  lands  in  such  proposed  district;  nor  shall 
any  lands  which  will  not,  in  the  judgment  of  , 
the  said  board,  be  benefited  by  irrigation  by 
said  system  be  included  within  such  district; 
[provided,  that  any  person  whose  lands  are 
busceptible  of  irrigation  from  the  same  source 
may,  in  the  discretion  of  the  board,  upon  ap- 
plication of  the  owner  to  said  board,  have  such 
lauds  included  in  said  district.  Said  board 
shall  also  make  an  order  dividing  said  district 
into  five  divisions,  as  nearly  equal  in  size  as 
may  be  practicable,  which  shall  be  numbered 
first,  second,  third,  fourth  aud  fifth,  and  one 
director,  who  shall  be  a  freeholder  in  the  di- 
vision and  an  elector  and  resident  of  the  ais- 
trict,  shall  be  elected  by  each  division;  pro- 
vided, that  if  a  majority  of  the  holders  of  title 
or  evidence  of  title,  evidenced  as  above  pro- 
vided, petition  for  the  formation  of  a  district* 
the  Board  of  Supervisors  mar,  if  so  requested 
in  the  petition,  order  that  theie  mav  be  either 
three  or  five  directors,  as  said  board  mav  or- 
der, for  such  district,  and  that  they  may  bo 
elected  by  the  district  at  large.]  Said 
Board  of  Supervisors  shall  then  give  no- 
tice of  an  election  to  be  held  in  such  pro- 
posed district,  for  the  purpose  of  determining 
whether  or  not  the  same  shall  be  organized 
under  the  provisions  of  this  act.  Such  notice 
shall  describe  the  boundaries  so  established 
and  shall  designate  a  name  for  euoh  proposed 
district,  and  said  notice  shall  be  published  for 
at  least  three  weeks  prior  to  such  election  in  a 
newspaper  published  within  said  county;  and 
if  any  portion  of  such  proponed  district  lie 
within  another  county  o?  counties,  then  said  j 


"Brookshurst"— Residence  of  F.  Q.  Ryan,  Anaheim 


notice  shall  be  published  in  a  newspaper  pub- 
lished within  each  of  said  counties.  Such  no- 
tice shall  require  tlie  electors  to  cast  ballots, 
.Fhich  shall  contain  the  words,  "Irrigation 
District— Yes,"  or  "  Irrigation  District— No,"  or 
words  equivalent  thereto,  and  also  the  names 
of  persons  to  be  voted  lor  to  fill  the  various 
elective  offices  hereinafter  prescribed.  No  per- 
son shall  b»  entitled  to  vote  at  any  election 
held  under  the  provisions  of  this  act  unless  he 
shall  possess  all  the  qualifications  required  of 
electors  under  the  general  election  laws  of  this 
State.  (Amendment  approved  March  20, 1891.) 
i  The  amendment  to  this  section  is  that  portion 
contained  in  the  brackets  above.  Before  th* 
amendment  the  amended  portion  read  as  follows: 
"Provuted,  that  any  person  whose  lands  are  sus- 
ceptible of  irri.;?  itio'n  Iroin  tin;  ;-ame  source  shall, 
upon  application  of  the  owner  to  said  board,  be  en- 
titled to  have  such  lands  included  in  said  district. 
Said  board  shall  also  make  an  order  divHin?  said 

(district  into  five  divisions,  as  nearly  equal  in  size 
as  may  be  practicable,  which  shall  be  numbered 
first,  second,  third,  fourth  and  fifth,  and  one  di- 
rector shall  ba  elected  from  each  district." 

The  amendment  to  this  section  was  made  at  the 
Instance  of  small  districts  where  the  division  of  a 
district  into  five  divisions  and  the  election  of  a  di- 
rector from  eacii  was  found  to  be  attended  with 
great  inconvenienca  and  unnecessary  expense  in 
holding  elections,  etc. 

Sec.  3.  Such  election  shall  ba  conducted,  as 
nearly  as  practicable,  in  accordance  with  the 
general  laws  of  the  State ;  provided,  that  no 
particular  form  of  ballot  shall  be  required. 
The  said  Board  of  Supervisors  shall  meet  on 
the  second  Monday  next  succeeding  such  elec- 
tion, and  proceed  to  canvass  the  votes  cast 
thereat,  and  if  upon  such  canvass  it  appear 
that  at  least  two-thirds  of  all  the  votes  cast  are 
"Irrigation  District— Yes,"  the  said  board  shall, 
by  an  order  entered  on  its  minutes,  declare  such 
territory  duly  organized  as  an  irrigation  dis- 
trict, under  the  name  and  style  theretofore 
designated,  and  shall  declare  the  persons  re- 
ceiving, respectively,  the  highest  number  of 
votes  for  such  several  offices  to  be  duly  elected 
to  such  offices.  [And  no  action  shall  be  com- 
menced or  maintained,  or  defense  made  affect- 
ing the  validity  of  the  organization,  unless  the 
same  shall  have  been  commenced  or  mads 
within  two  years  after  the  making  and  entering 
of  said  order.]  Said  board  shall  cause  a  copy 
of  such  order,  duly  certified,  to  be  immediately 
filed  for  record  in  the  office  of  the  County  Re- 
corder of  each  county  in  which  any  portion  oi: 
such  lands  are  situated,  and  must  also  immedi- 
ately forward  a  copy  thereof  to  the  clerk  of  tne 
Board  of  Supervisors  of  each  of  the  counties  u 
which  any  portion  of  the  district  may  lie ;  aiid 
no  Board  of  Supervisors  of  any  county  inclu 


ing  any  portion  of  such  district  shall,  aitei 
the  date  of  the  organization  of  such  disj 
trict,  allow  another  district  to  be  formeoU 
including  any  of  the  lands  in  such 
district,  without  the  consent  of  the  board  oi 
directors  thereof;  and  from  and  after  the  date 
of  such  Cling  the  organization  of  anch  district 
shall  be  complete,  and  the  officers  thereof  shall 
be  entitled  to  enter  immediately  upon  the 
duties  of  their  respective  offices  upon  qualify- 
ing in  accordance  with  law,  and  shall  hold 
such  offices,  respectively,  until  their  successors 
are  elected  and  qualified.  For  the  purposes  of 
the  election  above  provided  for  the  saidBoard  of 
Supervisors  must  establish  a  convenient  num- 
ber of  election  precincts  in  said  proposed  dis- 
trict, and  define  the  boundaries  thereof,  which 
said  precincts  may  thereafter  be  changed  by 
the  board  of  directors  of  such  district.  [In 
any  district  the  board  of  directors  thereof  may, 
upon  the  presentation  of  a  petition  therefor, 
by  a  majority  of  the  holders  of  title  or  evidence 

of  title  of  said  district,  evidenced  as  nbove  pro- 
vided, order  that  on  and  alter  the  next  ensuinff 
generkl  election  for  the  district  there  shall  be 
either  three  or  five  directors,  as  said  board  may 
order,  and  that  they  shall  be  elected  by  the 
district  at  large,  or  by  divisions,  as  so  Petitioned 
and  ordered;  and  after  such  order  such  d 
rectors  shall  bs  so  elected.1  (Amendment  ap- 
proved March  20,  1891.) 

The  portions  included  in  brackets  in  this  sec. ion  : 
are  new  matter. 

Sec.  4.  An  election  shall  be  held  in  each 
district  on  the  first  Wednesday  in  February. 
1893  and  on  the  first  Wednesday  in  February  ; 
in  each  second  year  thereafter,  at  which  an 
assessor,  a  collector  and  a  treasurer  and  a 
board  of  directors  for  the  district  shall  be 
elected  The  person  receiving  the  Highest 
number  of  votes  for  any  office  to  be  filled  at 
^uch  election  is  elected  thereto,  and  shall  hold 
office  from  the  first  Tuesday  in  March  next 
aft*r  for  two  years,  and  until  his  successor  IP  , 
elected  and  qualified.  Within  ten  days  after 
receiving  their  certificates  of  election,  herein- 
after provided  for,  saiu  officers  shah  take  ana 
subscribe  the  official  oath  and  file  the  same  in  ' 
the  oflie-  of  the  board  of  directors,  and  execute 
the  bond  hereiufter  orovided  for.  The  assessor 
shall  execute  an  official  bond  in  the  sum  of 
$5000,  and  the  collector  an  official  bond  in  the 
sum  of  $20,000,  and  the  district  treasurer  an 
official  bond  in  the  sum  of  $90,000;  each  of 
said  bonds  to  bs  approved  by  the  board  of  di- 
rectors; and  each  member  of  said  board  of 
directors  shall  execute  an  official  bond  in  the 
sum  of  $5000,  which  said  bonds  shall  be  ap- 
proved by  the  Judge  of  the  Superior  Court  of 


said    county     where    6u  a    was 

effected,  and  shall  be  recorded  iu  the  office  of 
the  County  Recurder  thereof,  and  filed  with 
the  secretary  of  said  board.  All  official  bonds 
herein  provided  for  shall  be  in  the  form  pre- 
scribed by  law  for  the  official  bonds  of  county 
officers.  (Amendment  approved  March  20, 
1801.) 

Tin-  amendments  to  this  section  changed  the 
time  of  holding  elections  for  the  election  ot  officers 
from  the  flr&t  Wednesday  in  April  in  even  num- 
bered years,  to  the  first  Wednesday  in  February 
in  odd  numbered  years,  and  by  reason  of  the  fail- 
ure to  hold  uu  election  iu  April.  1882,  the  officers 
elected  in  April,  ISfK),  rst».in  their  offices  until 
March,  1893.  Hy  the  amendment  the  bonds  of 
the  directors  and  the  aa  essor  are  reduced  to  $5000. 

Sec.  5.  Fifteen  days  before  any  election  held  I  ateiv  deltvprpd  hv  I-HA  Jn-*npptnr  or  bv  somt 
under  this  act,  subsequent  to  the  organization  .  SSfr  JlffS!!  ^JSwrS^S1  f^SSS 
of  any  district,  the  secretary  of  the  board  pi 
directors  shall  cause  notices  to  ba  posted  iu 
three  public  places  in  each  election  precinct, 
of  the  time  and  place  of  holding  the  election, 
and  shall  also  post  a  general  notice  of  the  same 
in  the  office  of  said  board,  which  shall  be  es- 
tablished and  kept  at  some  fixed  place  to  be 
determined  by  said  board,  specifying  the  poll- 
ing places  of  each  precinct.  Prior  10  the  time 
for  posting  the  notices,  the  board  must  appoint 
for  each  precinct,  from  the  electors  thereof, 
ane  inspector  and, two  judges,- who  shall  con- 
stitute a  board  of  election  for  such  precinct. 
If  the  board  fail  to  appoint  a  board  of  election, 
or  the  members  appointed  do  not  attend  at  the 
opening  of  the  polls  on  the  morning  of  elec- 


figures  and  in  words  at  full  length.  Each  cer- 
tificate shall  be  signed  by  the  clerk,  judge  and 
he  inspector.  One  of  said  certificates,  with 
he  poll  list  and  tally  paper  to  which  it  is  at- 
tached, shall  be  retained  by  the  inspector  «nd 
oreeerved  by  him  at  least  six  months.  The 
ballots  shall  be  strung  upon  a  cord  or  thread  by 
Uie  inspector  during  the  counting  thereof  in 
the  order  in  which  they  are  entered  upon  the 
tally  list  by  the  clerks,  and  said  onltots,  to- 
gether with  the  other  of  said  certificates,  with 
cue  poll  list  and  tally  paper  to  which  it  is  at- 
tached, shall  be  sealed  by  the  inspector  in  the 
presence  of  the  judges  and  clerks,  and  indorsed 
"Election  Returns  of  (naming  the  precinct) 
Precinct"  and  be  directed  to  the  secretary  ot 
the  board  of  directors,  and  shall  be  immedi- 


other  safe  and  responsible  carrier  designated 
by  said  inspector,  to  said  secretary,  and  the 
ballots  shall  be  kept  unopened  for  at  least  six 
months,  and  if  any  person  be  of  the  opinion 
that  the  vote  of  any  precinct  has  not  bee  n  cor- 
rectly counted  he  may  appear  on  the  day 
appointed  for  the  board  of  directors  to  open 
and  canvass  the  returns,  and  demand  a  re- 
count of  the  vote  of  the  precinct  that  is  so 
claimed  to  have  been  incorrectly  counted. 


tion,  the  Sectors  of  _the  precinct  present  at 
that  hour  may  appoint  the  board,  or  supply 
the"  place  of  an  absent  member  thereof.  The 
board  of  directors  must,  in  its  order  appointing 
the  board  of  election,  designate  the  house  or 
place  within  the  precinct  where  the  election 
must  be  held. 

Sec.  6.    The   inspector  is   chairman  of  tha 
election  board,  and  may: 

First— Administer  ail  oaths  required  in  the 
progress  of  an  election. 

,  Second— Appoint  judges  and  clerks,  if,  dur- 
;  ing  the  progress  of  the  election,  any  judge  or 
clork  cease  to  act.  Any  member  of  the  board 
of  election  or  any  clerk  thereof  may  adminis- 
ter and  certify  oaths  required  to  be  adminis- 
tered during  the  progress  of  an  election.  Ihe 
board  of  election  for  each  precinct  must,  be- 
fore opening  the  polls,  appoint  two  persons  to 
act  as  clerks  of  the  election.  Before  opening  [ 
the  polls  each  member  of  the  board  and  each  p 


the  polls  each  member  ot  tne  board  ana  each  j  was  voted  for. 

clerk  must  take  and  subscribe  an  oath  to  faith-        Fourth Th' 

fully  perform  the  duties  imposed  upon  them 
by  law.  Any  elector  of  the  precinct  may  ad- 
minister and  certify  such  oath.  The  polls  must 
be  opened  one  hour  after  sunrise  on  the  morn- 
ing of  the  election  and  be  kept  open  until  sun-  .  o^£ofm&w*,*wUectoTtK&"ttt&wT9R 


set,  when  the  same  must  be  closed.  The  pro- 
visions of  the  Political  Code  concerning  the 
form  of  ballots  to  be  used  shall  not  apply  to 
elections  held  under  this  act. 

SEC.  7.  Voting  may  commence  as  soon  as  the 
polls  are  opened  and  may  be  continued  during 
all  the  tima  the  polls  remaiu  opened,  and  shall 
be  conducted  "  nearly  as  practicable  in  ac- 
cordance With  tae  provisioas  of  chapter  9 
of  title  2  of  part  3  of  the  Political  Code 
of  tnis  State.  As  soon  aa  the  polls  are  closed 
tho  judges  shall  open  the  ballot-box  and  Com- 
mence counting  the  votes;  and  in  no  case  shall 
the  ballot-box  oe  removed  from  the  room  in 
which  the  election  is  held  until  all  the  ballots 
have  been  Co  anted.  The  Coutttiug  of  ballots 
shall  in  ail  cases  be  public.  Ttie  ballots  shall 
be  taken  out,  one  by  one,  by  the  in- 
spector or  one  of  the  judges,  who  shall 
open  them  and  read  aloud  the  name  of 
each  person  contained  therein  and  the 
office  for  which  every  such  person  is  voted 
for.  Each  clerk  shall  write  down  each  office 


rejected  for  want  of  form  if  it  can  be  satisfac- 
torily understood.  The  board  of  directors 
must  meet  at  its  usual  place  of  meeting  on  the 
first  Monday  after  each  election  to  canvass  the 
returns.  If,"at  the  time  of  meeting,  the  returns 
from  each  precinct  in  the  district  in  which  the 
polls  were  opened  have  been  received  the 
board  of  directors  must  then  and  there  pro- 
ceed to  canvass  the  returns;  but  if  all  the  re- 
turns have  not  been  received,  the  canvass  must 
be  postponed  from  day  to  day  until  all  the  re- 
turns have  been  received,  "or  until  six  post- 
ponements have  been  had.  The  canvass  must 
be  made  in  public,  and  by  opening  the  returns 
and  estimating  the  vote  of  the  district  for  each 
person  voted  for,  and  declaring  the  result 
thereof. 

Sec.  10.    The  secretary  of  the  board  of  di- 
rectors must,  as  soon  as  the  result  is  declared,  ; 
enter  in  the  records  of  such  board  a  statement 
of  such  result,  which  statement  must  show: 

First— The  whole  number  of  votes  cast  in  the 
district  [and  in  each  division  of  the  district]. 

Second— The  names  of  the  persons  voted  for. 

Third— The  office  to  fill  which  each  person 

as  voted  for. 

Fourth— The  number  of  votes  given  in  each 
precinct  to  each  of  such  persons. 

Fifth — The  number  of  votes  given  in  [each 
division  for  the  office  of  director,  and  the 
number  of  votes  given  in  the  district  for  the 

Hces  of  assessor,  collector  and  treasurer]. 

The  board  of  directors  must  declare  elected 
the  persons  having  the  highest  number  of  votes 
given  for  each  office.  The  secretary  inufct  im- 
mediately make  out  and  deliver  to  such  per- 
son a  certificate  of  election,  signed  by  him  and 
authenticated  with  the  seal  of  the  board.  In 
case  of  a  vacancy  in  the  office  of  Assessor,  Col- 
lector or  treasurer,  the  vacancy  shall  be  filled 
by  appointment  of  the  board  ot  directors.  In 
case  of  a  vacancy  in  the  office  of  director  tne 
vacancy  shall  be  filled  by  appointment  by  the 
Board  of  Supervisors  of  the  county  where  the 
office  of  such  board  of  directors  is  situated 
from  the  division  in  which  the  vacancy  oc- 
curred. An  officer  appointed  as  above  pro- 
vided shall  hold  his  office  until  .the  next  regu- 
lai  election  for  said  district,  and  until  his  suc- 
cessor is  elected  and  qualified.  (Amendment 
approved  February  10,  Ib89.) 

The  portions  included  iu  brackets  are  new  matter, 
and  the  portion  included  in  the  bracket  in  the  fifth 
subdivision  is  substituted  in  place  of  the  worus 
"the  district  to  each  of  such  persons.'" 


to  be  filled,  and  the  name  of  each  person  voted  Sec.  11.  On  the  first  Tuesday  in  March  next 
for  for  such  office)  and  shall  keep  the  number  j  following  their  election  the  board  of  directors 
of  votes  by  tallies  as  they  are  read  aloud  by  tiie  shall  meet  and  organize  as  a  board,  elect  a 
inspector  or  judge,  i'ue  counting  of  voles  :  president  from  their  number  and  appoint  a 
shall  be  continued  without  adjournment  until  |  secretary  [who  shall  each  hold  office  during 

the  pleasure  of  the  board.]    The  board  shall 


all  have  been  counted. 

Sec.  8.  As  soon  as  all  the  Votes  are  read  off 
and  counted  a  certificate  shall  be  drawn  up  on 
each  of  the  papers  containing  the  poll  list  and 
tallies,  or  attached  thereto,  stating  the  num- 
ber of  votes  each  one  voted  tor  tias  received 


. 

have  the  power,  and  it  shall  be  their  duty,  to 
manage  and  conduct  the  business  and  afmirs 
of  the  district  ;  make  and  execute  all  neces- 
sary contracts;  employ  and  appoint  such 
agents,  officers  and  employes  us  may  be  re- 


and designating  th*  oilice  to  iill  which  he  was  j  quired,  and    prescribe  their  duties;  establish 
VOUid  for,  which   number   sh^ll  bd  written  iu  ]  equitable  by-laws,  rules    and  regulations  for 


the  distribution  ana  use  of  water  among  the  i  forth  in  this  act.  Aim  saiu  uoaru  is  uereuy 
owners  of  said  lands,  and  generally  to  perform  authorized  and  empowered  to  hold,  u«e,  ac- 
all  such  acts  as  shall  be  necessary  to  fully 
carry  out  the  purposes  of  this  act.  The  said 
by-laws,  rules  and  regulations  must  be  printed 
in  convenient  form  for  distribution  in  the  dis- 
trict. And  it  is  Hereby  expressly  provided 
that  all  waters  distributed  for  irrigation  pur- 
poses shall  be  apportioned  ratably  to  each 
landowner  upon  tne  basis  Of  the  ratio  which 
the  last  assessment  of  such  owner  for  district 
purposes  within  said  district  bears  to  the  whole 
sum  assessed  upon  the  district;  provided,  that 
any  landowner  may  assign  the  right  to  the 
whole  or  any  portion  of  the  waters  so  appor- 
tioned to  him.  (Amendment  approved  March 
20,  1891.) 

The  time  of  th«  organization  of  the  board  Is 
changed  by  this  amendment  Irorn  the  first  Wed- 
nesday in  May  to  the  first  Tuesday  in  March,  to 
correspond  with  amendment  to  scetion  4. 

Sec.  12.  The  board  of  directors  shall  hold  a 
regular  monthly  meeting  in  their  office  on  the 
tirat  Tuesday  in  every  month,  and  such  special 
meetings  as  may  be  required  for  the  proper 
transaction  of  business;  provided,  that  all  spe- 
cial meetings  must  be  ordered  by  a  majority  of 
the  board.  The  order  must  be  entered  on  re- 
cord, and  live  days'  notice  thereof  must,  by  the 
secretary,  be  given  to  each  member  not  joining 
in  the  order.  The  order  must  specify  the  busi- 
ness to  be  transacted,  and  none  other  than  that 
specified  must  be  transacted  at  such  special 
meeting.  All  meetings  ot  the  board  must  be 
public,  and  three  members  shall  constitute  a 
quorum  for  the  transaction  of  bueihess;  but  on 


quire,  manage,  occupy  and  possess  aaid  prop 
erty  as  herein  provided. 

Sec.  14,  The  said  board  is  hereby  authorized 
and  empowered  to  take  conveyances  or  other 
assurances  for  all  property  acquired  by  it  under 
the  provisions  of  this  act,  in  toe  name  of  such 
irrigation  district,  to  and  for  the  uses  and  pur- 
poses herein  expressed,  and  to  institute  and 
maintain  any  and  all  actions  and  proceedings, 
suits  at  law  or  in  equity,  necessary  or  proper  in 
order  to  fully  carry  out  the  provisions  of  this 
act,  or  to  enforce,  maintain,  protect  or  preserve 
any  and  all  rights,  privileges  and  immunities 
created  by  this  act,  or  acquired  in  pursuance 
thereof.  And  in  all  courts,  actions,  suits  or 
proceedings  the  said  board  may  sue,  appear  ; 
and  deiend,  in  person  or  by  attorneys,  aud  in  i 
the  name  of  such  irrigation  district. 

Sec.  1ft.  For  the  purpose  of  constructing 
necessary  irrigating  canaU  and  works,  and  ac- 
quiring the  necessary  property  an<l  rights  ' 
therefor,  and  otherwise  carrying  out  the  pro- 
visions of  this  act,  the  board  of  directors  of  any 
such  district  must,  as  soon  ai'ter  such  district 
has  beeu  organized  as  may  be  practicable,  and 
whenever  thereafter  the  construction  fund  ha* 
been  exhausted  by  expenditures  herein  author- 
ized therefrom,  and  the  board  deem  it  neces- 
sary or  expedient  to  raise  additional  money  for 
said  purposes,  estimate  and  determine  the  i 
amount  of  money  necessary  to  be  raised,  and 
shall  immediately  thereafter  call  a  special  elec- 
tion, at  which  shall  be  submitted  to  the  elec- 
tors o-f  such  district  possess! ug  the  quaUtica- 


ail  questions  requiring  a  vote  there  shall  be  a  j  tions   prescribed   by   this    act,   the   question 


concurrence  of  at  least  three  members  of  said 
board.  All  records  of  the  board  shall  be  open 
to  the  inspection  of  any  elector  during  business 
hours.  The  board  and  its  agents  and  employe's 
shall  have  the  right  to  enter  upon  any  land  to 
make  surveys,  and  may  locate  the  necessary 
irrigation  works  and  the  line  for  any  canal  or 
canals,  and  the  necessary  branches  for  tha 
same,  on  any  lands  which  may  be  deemed  best 
for  such  location.  Said  board  shall  also  have 
;he  right  to  acquire,  either  by  purchase  or 
condemnation  [or  other  legal  means],  all 
.ands,  and  waters  and  water  rights,  and  other 
property  necessary  for  the  construction,  use, 
supply,  maintenance,  repair  and  improve- 
ments of  said  canal  or  canals  and  works,  in- 
cluding canals  and  works  constructed  and 
being  constructed  by  private  owners,  lands  for 
reservoirs  for  the  storage  of  needful  waters  and 
all  necessary  appurtenances.  In  case  of  pur- 
chase the  bonds  of  the  district  hereinafter 
provided  for  may  be  used  at  their  par  value  in 


whether  or  not  tiie  bonds  of  said  district  in  the 
amount  as  determined  shall  be  issued.  Notice 
of  such  election  must  be  given  by  posting  no- 
tices in  three  public  places  in  each  election 
precinct  in  said  district  lor  at  least  twenty 
days,  and  also  by  publication  of  suck  notice  in 
sume  newspaper  published  in  the  county 
where  the  oifice  of  the  board  of  directors  of 
sucn  district  is  required  to  be  kept,  once  a  week 
lor  at  least  three  successive  weeks.  Such  no- 
tices must  specify  the  time  of  holding  tho  elec- 
tion, the  amount  of  bonds  proposed  to  b6  issued ; 
and  said  election  must  be  held  and  the 
result  thereof  determined  and  declared  in 
all  respects  as  nearly  as  practicable  in  con- 
formity with  the  provisions  of  thi*  act  govern- 
ing the  election  of  officers;  provided,  that  no 
informalities  in  conducting  such  an  election 
Khali  invalidate  the  same,  if  ths  election 
shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the 
words  "Bonds— Yes,"  or  "Bonds— No,"  or 


payment;  and  in  case  of  condemnation  the  Words  equivalent  tuweto.  If  a  majority  of  the 
board  shall  proceed,  in  the  name  01  thedw-  rvotes"  cast  are  "Bonds-Yes,"  the  board  of  di- 
trict,  under  the  provisions  of  title  7  of  part  .  .  ,  in'gald  amount  to  be 


„  of  tue  Code  "of  Civil  Procedure.  •  Said 
board  may  also  construct  the  necessary  dams, 
reservoirs  and  works  for  tne  collection  of  water 
for  said  district,  and  do  any  and  every  lawful 
act  necessary  to  be  done  ihat  sufficient  water 
may  be  iurnished  to  each  landowner  in  said 
district  for  irrigation  purposes.  The  use  of  all 
water  required  for  the  irrigation  of  the  lands  of 
anv  district  formed  under  the  provisions  of 
this  act,  together  with  the  rights  of  way  for 
canals  and  ditches,  sites  for  reservoirs  and  all 
other  property  required  in  fully  carrying  out 
the  provisions  of  tins  act,  is  hereby  declared  to 
be  a  public  use,  subject  to  the  regulation  and 
control  of  the  State  in  the  manner  prescribed 
by  law.  (Amendment  approved  March  20, 
1891.) 

The  following:  sentence  In  thd  law  before  amend- 
ment read  as  follows:  "Tats  board,  and   its  a^t-nts 


rectors  shall  cause  bonds  in  said  amount  to  be 
issued;  if  a  majority  of  the  votes  cast  at  any^ 
bond  election  are  "  Bonds— No,"  the  result  of 
such  election  shall  be  so  declared  and  entered 
of  record.  And  whenever  thereafter  said  board 
in  its  judgment  deems  it  for  the  best  interest 
of  the  district  that  the  question  of  issuance  of 
bonds  In  said  amount,  or  any  amount,  shall  be 
submitted  to  said  electors,  it  shall  so  declare  of 
record  in  its  minutes,  and  may  thereupon  sub- 
mit such  questions  to  said  electors  in  the  same 
manner  and  with  like  effect  as  at  such  previous 
election.  Said  bonds  shall  be  p&yable  in  gold 
coin  of  the  United  States,  in  ten  series,  as  fol- 
lows, to  wit:  At  the  expiration  of  eleven 
years,  5  per  cent  of  the  whole  number  of  paid 
bonds;  at  tko  expiration  of  twelve  years,  6  per 
cent;  at  the  expiration  of  thirteen  years,  7 
per  cent;  at  the  expiration  of  fourteen 


Vhall  have  the  right  to  eater  upon 


{£»«.       »       PJr       <>em;       at       the       eqgrir 

necessary  branches  for  th-j  sam-,  on  any  of  said  at  the  expiration  of  seventeen  years,  11  per 

lauds  whicu  nia.yb.-il  eeruedbrst  for  «uch  location.  '  cent;  at  the  expiration  of   eighteen  years,  13 

The  worus  in  italics  were  stricken  out  and  tne  percent;  at  the  expiration  of  nineteen  years, 

word*  in  m^ckels  inserted.  15  per  cent;  at  tho  expiration  of  twenty  years, 

Sec.  13.  The  legal  title     to  all  property  ftC-  16  per  cent;  and  shall  bear  interest  at  therata< 

quired  under  the  provision*  of  this  ace  shall  of  (5  per  cent  per  annum,  payable  semi-aunu- 

immediately  and  by  operation  of  law  vest  in  ally,  on  the  first  day  of   January  and   July  of 

such  irrigation  district,  and  shall  be  held  by  each  year.    The  principal  and  interest  shall  ba 

such  district  in  trust  lor  Arid  is  hereby  dedi-  payable  at  the  place  designated  therein.    Said 

cated  and  Sf-t  apart  to  the  uses  and  purposes  set  bonds  shall  be  each  of  the  denomination  of  not 


tail   D«:  snau  oe  negotiants  in   10 
sident  •  dent  and  secretary,  and  toe  seal  oi'  tue   u 
ard   o*    directors  shall  bo  filtixed  thereto.    They  shall  bi 
numbered  consecutively  as  issued  ami  bear  data 


less  than  $100  nor  more  than  $500;    snail  b«  shall  be 
negotiable  in  form,  signed  by  the  presi " 
and  oecretary,  and  the   seal   of   the  boar^  ^ 

«h«en  ST9  ShaiKL  be >ffixed  ^T'  Each  issue  StS§W/We"ig?e,  Coupons  for  the  inter- 
shall  be  numbered  consecutively  as  issued,  and  cut  shall  be  attached  to  each  bond  signed  by  the 
tne  Donas  of  each  issue  shall  be  numbered  secretary,  said  bonds  shall  express  on  their  fa,ce 
consecutively,  and  bear  date  at  the  time  of  that  they  wore  issued  by  authority  of  this  act, 

stilting  its  title  and  date  of  approva 


their  issue.  Coupons  for  the  interest  (shall  ba 
attached  to  each  bond,  signed  by  the  secretary. 
Said  bonds  shall  express  on  their  face  that 
they  were  issued  by  authority  of  this  act,  stat- 
ing its  title  and  date  of  approval,  and  shall 
also  so  state  the  number  of  the  issue  of  which, 
such  bonds  are  a  part.  The  secretary  shall 
keep  a  record  of  the  bonds  sold,  their  number, 
the  date  of  sale,  the  price  received,  and  tha 
name  of  the  purchaser.  In.  case  the  money 
raided  by  the  sale  of  all  bonds  issued 
be  insumcient  tor  the  completion  of  the 
plan  of  cana-l  and  works  adopted,  and  addi- 
tional bonds  be  not  voted,  it  shall  be  the  duty 
of  the  board  of  directors  to  provide  for  the 
completion  of  said  plan  by  levy  of  assessments 
therefor.  It  shall  be  lawful  for  any  district 
which  has  heretofore  issued  bonds  under  the 
la\v  then  in  force  to  issue  in  place  thereof  an 
equal  amount  of  bouds  in  accordance  with  this 
amendment,  and  to  sell  the  same,  or  any  part 
thereof,  us  'hereinafter  provided,  or  exchange 
the  aame,  or  any  part  thereof,  with  the  holders 
of  such  previously  issued  bonds  which  may  be 
outstanding,  upon  such  terms  as  may  be  agreed 
upon  between  the  board  of  directors  of  the  dis- 
trict and  the  holders  of  such  outstanding  bonds ; 
provided,  that  said  board  shall  not  exchange 
any  such  bonds  for  a  less  amount  in  par  valuo 
of  the  bonds  received.  All  of  such  old  issue  iu 
place  of  which  new  bonds  are  issued  shall  be 
destroyed  whenever  lawfully  in  possession  of 
said  board.  (Amendment  approved  March  20, 
1891.) 

Sucn  important  changes  were  made  in  the  above 
section  by  the  amendment  that  it  Is  deemed  heat 
that  the  entire  section,  as  it  stood  before  amend- 
ment, should  be  recited.  It  read  as  fallows :  « 

Sec.  15.  For  the  purpose  of  constructing  ne- 
cessary irrigating  canals  and  works  and  acquiring 
the  necessary  prope  ty  and  rights  therelor,  and 
otherwise  carrying  otic  the  provisions  of  this  act, 
the  board  of  dnedtors  of  any  such  district  must, 
as  soon  after  such  district  has  been  organized  a« 
may  be  practicable,  estimate  and  determine  the 
amount  of  money  necessary  to  be  raised,  and  shall 
'cuaediateiy  thereupon  call  a  special  election,  at 
which  shall  be  submitted  to  the  electors  of  such 
district  possessing  the  qualifications  prescrioed  by 
this  act,  the  question  whetner  or  not  the  bonds 
of  said  district  shall  be  issued  in  the  amount  so 
determined.  Notice  of  such  election  must  be 
given  by  posting  notices  in  three  public 
3)  aces  in  each  election  precinct  in  said 
district  for  at  least  twenty  days,  and  also 


publication  oi'  such    notice 


some   newspaper 


jubUshed  in  the  county,  where  the  oth'ce  of  the 
joard  of  directors  of  such  district  is  required  to  be 
cept,  ouce  a  week  for  at  least  three  successive 
Such  notices  must  specily  the  time  of 
lolding  the  election,  the  amount  of  bonus  pro- 
posed to  ?>e  issued,  and  said  election  must  be  ucid 
and  the  result  thereof  determined  and  declared  in 
all  respects  as  nearly  as  practicable  in  conformity 
with  the  provisions  of  this  act  governing  th«- 
election  of  officers;  provided,  thut  no  informalities 
n  condcictmg  such  an  election  shall  invalidate  the 
iame,  if  the  election  shall  h^ve  ueen  otherwise 
fairly  conducted.  At  such  election  the  ballots 
ahfcJi  contain  the  \vords  "  Bonds— Yes, '"or  "Bonds 
— Jsro."  or  words  equivalent  thereto,  it  a  majority 
of  the  votes  cast  are  '•Bonds— Yes,"  the 
joard  of  directors  shall  immediately  cause 
bonds  in  said  amount  to  be  issued;  said  buiidn 
shall  be  payable  in  gold  coin  of  tne  Unjiedbtatea 
n  installments  as  follows,  to  wic:  At  the  expira- 
tion of  eleven  years  not  less  than  5  per  cent  of 
said  uonds;  at  the  expiration  of  twelve  years  not 
less  tbajn  6  per  cent;  at  the  ex  u. ration  of  thirteen 
years  not  less  than  7  per  bent;  at  the  expiration  of 
fourteen  years  not  less  th  MI  8  per  cent;  at  the  ex- 
piration of  fifteen  years  not  less  than  9per  cent;  at 
;he  expiratjou  of  sixteen  years  not  jess  than  10  per 
cent;  at  the  expiration  olsevehiweri  years  not  less 
than  11  per  cem;  at  tLe  expiration  of  eighteen 
years  not  leas  than  13  per  cent;  at  the  expiration 
or  nineteen  years  not  less  than  15  per  cent;  and 
'or  the  twentieth  year  a  percentage  sufficient  to 
fcvy  off  siUd  bonds;  and  shall  bear  interest  at  the 
rate  of  t>  per  cent  per  annum,  payable  seuai- 
aunually  on  the  first ;  day  of  January  and  July  Of 
each  year.  The  principal  and  interest  shall  be 
payable  at  the  office  ot  the  treasurer  of  the  die- 
tr.ct.  Said  bunds  shall  bfc  each  of  the 


The  secre- 
tary shall  keep  a  record  of  "die  bonds  sold,  their 
number,  the  uate  of  sale,  the  price  received,  and 
the  nume  of  the  purchaser. 

See.  16.  The  board  may  sell  said  bonds 
from  time  to  time,  in  such  quantities  as  may 
be  necessary  and  most  advantageous  to  raise 
motley  for  the  construction  of  said  canals  and 
works,  the  acquisition  of  said  property  and 
rights,  and  otherwise  to  fully  carry  out  tue  ob- 
jects and  purposes  of  this  act.  Before  malting 
any  sale  the  board  shall,  at  a  me.eting,  by  reso- 
lution, declare  its  intention  to  sell  a  epeciiied 
amount  of  the  bonds,  and  the  day  and  hour 
and  plaefe  of  such  sale,  and  shall  fcause  such 
resolution  to  be  entered  in  tne  minutes,  and 
notice  of  the  sale  to  be  given,  by  publication 
thereof  at  least  twenty  days  in  a  daily  news- 
paper published  in  each  of  the  cities  ot  San 
Francisco,  Sacramento  and  Los  Angelas,  and  in 
any  other  newspaper,  at  their  discretion.  The 
notice  shall  state  th-u  sealed  proposals  will  be 
received  by  the  board  at  their  office,  for  the 
purchase  of  the  bonds,  till  the  day  and  hour 
named  in  the  resolution.  At  the  time  ap- 
pointed the  board  shall  open  the  proposals  and 
uvyard  the  purchase  of  the  bonds  to  tue  highest 
responsible  bidder,  and  may  reject  ail  bids;  but 
said  ootird  shall  in  no  event  sell  any  of  the  said 
bonds  for  less  than  00  per  cent  of  the  face 
value  thereof. 

Seo.  17.  Said  bouds  and  the  interest  thereoa 
shall  be  paid  by  revenue  derived  from  an  an- 
nual assessment  upon  the  real  property  of  tha 
district,  and  all  the  real  property  in  the  dis- 
trict shall  be  and  remain  liable  to  be  assessed 
for  such  payments  as  hereinafter  provided. 

Sec.  18.  The  Assessor  must  between  the  first 
Monday  in  March  and  the  nrat  Monday  in  June 
in  each  year  assess  all  real  property  iu  the  dis- 
trict to  the  persona  who  own,  claim,  have  pos- 
session or  control  thereof  at  its  full  cash  value. 
He  must  prepare  an  assessment  book  with  ap- 
propriate headings  in  whica  must  be  listed  aH, 
such  property  within  the  district,  in  wiiich 
must  ba  specified. in  separate  columns  undar 
the  appropriate  head: 

First— The  name  of  the  person  to  whom  th» 
property  is  assessed.  If  the  name  is  not  known 
to  the  Assessor  the  property  shall  be  assessed 
to  "  unknown  owners." 

Second — Laud  by  township,  range,  section  or 
fractional  section,  and  when  such  land  is  not  a 
Congressional  division  or  subdivision,  by  metes 


and  bounds,  or  other  description  sufficient  to 

i  estimate    ' 
ol    acres.     locality     and    the    improvements 


identify  it,   giving  an  estimate  of  the  number 
thereon. ' 


Third— City  and  town  lots,  naming  the  city 
or  town  and  the  number  and  block  according 
to  the  system  of  numbering  in  such  city  or 
town,  and  the  improvement;*  thereon. 

Fourth— The  cas>h  value  of  real  estate,  other 
than  city  or  town  lots. 

Fifth — The  cash  value  of  improvements  oa 
such  real  estate. 

Sixth— The  cash  value  of  city  and  town  lots. 

Seventh— The  cash  value  of  improvements  on 
city  and  town  lots. 

Eighth— The  cash  value  of  improvements  on 
real  estate  assessed  to  persons  other  than  the 
owners  of  the  real  estata. 

Ninth— The  total  value  of  all  property  us- 
sensed. 

T<inth— Th*  total  value  of  all  property  after 
equalization  by  the  board  of  diiectors. 

Eleventh— yuch  other  things  as  the  board  of 
directors  may  require. 

[Any  property  which  may  have  escaped  the 
payment  of  any  assessment  for  any  year,  shall, 
in  addition  to  the  assessment  for  tha  then  cur-( 
rent  year,  be  assessed  for  such  year  with  th« 
same  effect  and  with  the  same  penalties  as  are 
provided  for  such  current  year.]  (Amendmeat 
approved  March  31,  1891.) 

The  Words  In  brackets  are  new  matter. 


ti'it't.    oaiu  Doncis  snan  D*  eacn  or  tne  cienomina-        *"«»  r 

tion,  of  not  less  than  $100  nor  more  than  $500 {  j      Sec.  19.  The  board    of  directors 


the  Assessor  as  many  deputies,  to  be  at>nolnN»<i  >ear.  8  per  cent;  for  the  liiteeuth  year,  a  pmrv*^,, 

by  him,  as  will,  in  the  judgment  of  the  board  *or  the  sleuth  year,  10  percent;  lor  the  seven- 

?™t;8fe» 

time  hei  em  prescribed.      Ihe    board  must  and  for  the  twentieth  ywar.  a  percentage  sufficient 

c  me  compensation  of  such    deputies,  which  to  p.*y  off  said  bonds.    The  secretary  of  the  board 

Shall  be  paid  OUt  of  the  trea-;uf  y  oi  the  district  must  compute  and  enter  into  a  sopurato  column  of 

The  compensation  must  not  exceed  85  par  dar  the  assessment  book  the  respective  sums,  in  dollars 

for  each  deputy  for  tne  time  actually  eurfured  Ru(l  cents-    to   be   paid  »s  am  assessment  on  the 


Sec.  20.  On  or  before  the  i}rst  Monday  iu  of  the  neglect  -or  refusal  ot  the  board  of  directors  to 
August  in  6ach  year  the  Assessor  must  com-  cause  such  assessment  and  levy  to  be  made,  as  in 
plete  his  assessment  book  and  deliver  it,  to  tua  i  this  act  provided,  then  th«  assessment  of  pronerty 
Secretary  of  the  board,  who  must  immediately  '  °iflde  by  the  County  Assessor  ana  the  State  Board 

* 


u  i 

i  directors,  acting  as  a  board  ol  equalization,  Board  of  Supervisors  of  the  county  in  which  the 
will  meet  to  equalize  assessments,  by  publi-  office  of  the  board  of  director*  i»  situated  shall 
cation  in  a  newspaper  published  in  each  of  the  •  cause  an  assessment  roll  for  said  district  to  be  pre- 
Countifcs  comprising  the  district.  The  time  ]  pared,  and  shall  make  the  levy  required  by  this 
fixed  for  the  meeting  shall  not  b3  less  than  »ct  m  the  same  manner  and  wiib  like  effect  as  if 
twenty  nor  more  than  thirty  days  from  the  first  the  8amo  had  been  padftby  said  board  of  directors. 
publication  of  the  notice;  and  tut&  Meantime  N 


uci 
the  assessment  book  must   remain  in  the  office         the  coleor  or  twire    rf    hl  totri^t  fa 

t  the  secretary  for  the    inspection    of    all  per-    form   the  duties  Imposed  by  law,  then  the  Tax 
sons  interested.  Collector  or  Treasurer  of  the  county  in  which  the 

8'^C.  21.    Upon  the   day  specified    in  the  no-"  office  of  the  board  of  directors  is  situated  must, 

" 


ties  required  by  the  preceding  section  for  the 
meeting,  the  board  of  directors.  wM^h  i*  >.«— 
by  constituted  a  board  of  equalization  for  that 
purpose,  sHall  meet  arid  continue  in  session 
from  day  to  day  as  long  as  may  bo  necessary, 
not  to  exceed  ten  days,  exclusive  of  Sundays, 
such  objections  to  the 


respectively,  perform  auch  duties,  and  shall  be  ac- 
countable therefor  upon  their  official  bonds  as  in 
other  cases. 

Sec.  23.  The  assessment  upon  real  property 
is  a  lien  against  tne  property  assessed  from  and 
after  the  first  Monday  in  March  in  any  year 
[and  the  lien  for  the  bonds  of  any  issue  shall 
be  a  preferred  lien  to  that  for  any  subsequent 
I  issue],  and  such  lien  is  not  removed  until  the 


the  board    assessments   are   paid  or  the  property  sold  for 
payment  thereof.    (Amendment  approved 


them,  and  the  board  mav  change  the  valuation 

'  *w~  board 

note  i  »ne 

Bimu  uc  yicacuv    UUJ.IUB    AVO    u^-.^v— , y      Mnrr»h"9fl    1  WQ1    1 

all  changes  made  in  the  valuation  oi  property  i  M"cn  20>  I891-) 
and  in  the  names  of  the  persons  whose  prop-  j     The  words  in  brackets  are  new  matter. 
erty  is  assessed:  and  within  ten  days  after  the  j     Sec.  24.  On  or  before  the  1st  day  of  Novem- 
close  of   the   session   he  shall  have  the  total  I  ber  the   secretary  must  deliver  the  assessment 
values  as   finally  equalized  by  the  .board,  ex-    book  to  the  collector  of  tne  district,  who  shall 
tended  into  columns  and  added".  !  -within  twenty  days  publish  a  notice  in  a  news- 

Sec.  22.  The  board  of  directors  shall  then  paper  published  in  ea6h  county  in  which  any  j 
levv  an  'assessment  sufficient  to  raiso  the  an-  portion  of  the  district  may  lie  that  said  assess-  i 
nual  interest' on  tho  outstanding  bonds,  and  at  ments  are  due  and  payable,  and  will  become 
the  expiration  of  ten  vears  after  the  issuing  of  delinquent  at  6  P.  M.  on  the  last  Monday  of 
bonds  of  any  issue  must  increase  said  assess-  December  next  thereafter,  and  that  unless  paid 
ment  to  ati  amount  sufficient  to  raise  a  sum  prior  thereto  5  per  cent  will  be  added  to  the 
sufficient  to  pav  the  principal  of  the  outstand-  anipunt  thereof,  and  also  the  time  and  place  at 
ing  bonds  as  *  they  mature.  The  secretary  of  which  payment  of  assessments  may  be  made, 
the  board  must  compute  and  enter  in  a  se pa-  which  notice  shall  be  published  for  the  period 
rate  column  of  the  asseHsment  book  tho  re-  of  two  weeks.  The  C9llector  must  attend  at 
•pective  sums,  in  dollars  and  cents,  to  be  paid  the  time  and  place  specified  in  the  notice  to 
as  an  assessment  on  the  property  therein  en  u-  receive  assessments,  which  must  be  paid  in 
merated  When  collected  the  assessment  shallbe  gold  and  silver  coin;  he  must  mark  the  date  of 
uaidmto  the  district  treasury,  and  shall  consti-  payment  of  any  assessment  in  the  .assessment 
tute  a  special  fund,  to  be  called  the  "bond  fund  book  opposite  the  name  of  the  person  paying, 

oj  '_ irrigation  district."    In  case  of  the  and  give  a   receipt   to  such  person  specifying 

neclect  or  refusal  of  the  board  of  directors  to  the  amount  of  the  assessment  and  the  amount  ; 
cause  such  assessment  and  levy  to  be  made  as  paid,  with   a  description   of   the  property  as- 
in  tMs  act  provided,  then  the  assessment  of  sessed.    On  the  [last  Monday  in  December,  at 
trop*rty  made  by  the  county  Assessor  and  the  6  p.  M.]  of   each  year  ail  unpaid  assessments 
State  Board  of  Equalization  shall  be  adopted,  aro   delinquent,  and   thereafter   the   collector 
and  shall  be  the  basis  of  assessments  for  tho  must  collect  thereon  for  the  use  of  the  district  , 
district  and  the  Board  of  Supervisors  of  the  an  addition  of  5  per  cent.    (Amendment  ap-  j 
county  in  which  the  offloe  of  the  board  of  di-  proved  March  31, 1891.) 

rectors  is  situated  shall  cause  an  assessment     Tho  wordg  in  brackets  wpre  substituted  for  the  j 
roll  for  said  district  to  be  prepared,  and  shall  words.  '  31st  day  of  December.'1 


•xpeuses  incident  thereto  ahall  be  borne  by  sons  ancj  a  description  of  the  property  delin- 
guch  district.  In  case  of  the  neglect  or  remsai  quent,  and  the  amount  of  tho  assessments  and 
•f  the  collector  or  treasurer  of  the  district  to  costs  due  opposite  each  name  and  description, 
perform  the  duties  imposed  by  law,  then  tne  j£e  must  append  to  and  publish  with  the  delin- 
Tax  Collector  and  Treasurer  of  the  county  if*  quent  list  a  notice  that  unless  the  assessments 
which  the  office  of  the  board  of  directors  is  sit- delinquent,  together  with  costs  and  percent- 
uated  must  respectively  perform  such  a  ities.  agej  ftre  pai(i)  t«ie  reaj  property  upon  which 
and  shall  be  accountable  therefor  upon  taen  gucn  assessments  are  a  lien  will'be  sold  at  pub- 
official  bonds,  as  in  other  oases.  (Amendment  iic  auction.  The  publication  must  be  made 
approved  March  20,  1891.)  once  a  week  for  three  successive  weeks  in  a 

This  section  was  amended  so  as  to  correspoiiC  newspaper  published  in  the  county  in  which 
with  the  amendment  to  section  15,  and  before  urn  the  property  delinquent  is  situated;  provided, 
amendment  read  as  follows:  .  that  if  any  property  assessed  to  the  same  per- 

Bec.  22,  The  board  of  directors  shall  then  le vj  8Qn  Qr  corporHtioa  snall  lie  ,n   more  than 
an  assessment  sufficient  to  raise  the  ^^  county,  then  such  publication  may  be  made  in 

*  ^S^KuftSS^SS^^^^S^^  al7  coua?  tn  ^,hich  an-v  P°rtion  of  such-  Pr°P- 
board  must  feeasS  .said  assessment  for  the  en  erty  may  he  The  publication  must  designate 
suing  ten  years  in  the  following  percentage  of  to  the  time  and  place  or  sale.  The  time  of  sale 
principal  of  the  whole  amount  of  bonds  then  out  must  not  be  less  th«in  twenty-one  nor  more 
standing,  to  wit:  For  the  eleventh  year.  »  P"*  than  twenty-eight  days  from  the  first  publica- 
cent;  for  the  twelfth  year.  ,e i  per  cent, ,  ror  ui  tion>  and  th(_  lace  m-ust  be  a(.  gome ,  poinc  des. 
thirteenth  year,  7  per  cent;  for  the  ^ourteent'  ignated ^  by  the  collector  within  the  district. 


(Amenanveuc  approved  JNiarcn  31 

Before  the  above  amendment,  where  any  dis- 
trict lay  in  more  than  one  county,  it  was  necessary 
to  pubiisli  the  entire  delinquent  list  in  each  county 
in  which  uay  portion  of  the  district  lay. 

Sec.  2G.  The  collector  must  collect,  in  addi- 
tion to  the  assessments  due  on  tho  delinquent 
list  and  5  per  cent  added,  50  cents  on  each  lot, 
piece  or  tract  of  land  separately  assessed,  one- 
half  of  which  must  go  to  the  district  and  the 
other  to  the  collector  for  prepariug  the  list. 
On  the  day  fixed  for  the  sale,  or  some  subse- 
quent day  to  which  he  may  have  postponed  it, 
of  which  he  must  give  notice,  the  collector, 
between  the  hours  of  10  A.  M.  and  3  P.  M.,  must 
commence  the  sale  of  th«  property  advertised, 
commencing  at  the  head  of  the  list  and  con- 
tinue alphabetically,  or  in  the  numerical  order 
of  the  lots  or  blocks,  until  completed.  He  may 
postpone  the  day  of  commencing  the  sales,  or 
the  sale,  from  day  to  day,  Dut  the  sale  must  be 
completed  within  three  weeks  from  the  day 
first  fixed;  [provided,  that  if  any  sale  or  sales 
shall  be  stayed  by  injunction  the  time  of  the 
continuance  of  the  injunction  is  not  part  of 
the  time  limited  for  making  such  sale  or  sales.] 
(Amendment  approved  March  31,  1891.) 

The  words  in  Brackets  ara  new  matter. 

Sec.  27.  The  owner  or  person  in  possession 
of  any  real  estate  offered  for  sale  for  assess- 
ments due  thereon  may  designate,  in  writing, 
to  the  collector,  prior  to  the  sale,  what  portion 
of  the  property  he  wishes  sold,  if  less  than  the 
whole;  but  if  the  owner  or  possessor  does  not, 
then  the  collector  may  designate  it,  and  the 
person  who  will  take  the  least  quantity  of  the 
laud,  or  in  case  an  undivided  interest  is  as- 
sessed, then  the  smallest  portion  of  the  inter- 
est, and  pay  the  assessments  and  costs  due, 
including  $2  to  the  collector  for  tho  duplicate 
certificate  'of  sale,  is  the  purchaser.  If  the 
purchaser  does  not  pay  the  assessments  and 
costs  before  10  A.  M.  the  following  day,  the 
property  on  the  next  sale  day  must  be  resold 
for  the  assessments  and  costs.  [But  in  case 
there  is  no  purchaser  in  good  faith  for  the 
game  on  the  first  day  that  the  property  is 
offered  for  sale,  then,  when  the  property  is 
offered  thereafter  for  sale,  and  there  is  no  pur- 
chaser in  good  faith  for  the  same,  the  whole 
amount  of  the  property  assessed  shall  be  struct: 
off  to  the  irrigation  district  within  which  such 
lands  are  situated  as  the  purchaser,  and  the 
duplicate  certificate  delivered  to  the  treasurer 
of  the  district,  and  hied  by  him  in  his  office. 
No  charge  shall  be  made  for  the  duplicate 
certificate  where  the  district  is  the  purchaser, 
and  in  such  case  the  collector  shall  make  an 
entry,  "Sold  to  the  district,"  and  he  shall  be 
credited  with  the  amount  thereof  in  his  set- 
tlement. An  irrigation  district,  as  a  purchaser 
at  such  sale,  shall  be  entitled  to  the  same 
rights  as  a  private  purchase'',  and  the  title  so 
acquired  by  the  district,  subject  to  the  right  of 
red'empLion  herein  provided,  may  be  conveyed 
by  deed,  executed  and  acknowledged  by  the 
president  and  secretary  of  said  board;  pro- 
vided, that  authority  to  so  convey  must  be  con- 
ferred by  resolution  of  the  board,  entered  on 
its  m.inuie?,  fixing  the  price  at  which  such  saie 
may  be  made,  and  such  conveyance  shall  not 
be  made  for  a  less  sum  than  the  reasonable 
market  value  of  such  property.]  After  receiv- 
ing the  amount  of  assessments  and  costs  the 
collector  must  make  out  in  duplicate  a  certifi- 
cate, dated  on  the  daypf  sale,  stating  (when 
known)  the  name  of  the  person  assessed,  a  de- 
scription of  the  land  sold,  the  amount  paid 
thereior,  tnat  it  was  sold  for  assessments, 
giving  the  amount  and  year  of  the  assessment, 
and  specifying  the  time  when  the  purchaser 
will  be  entitled  to  a  deed.  The  certificate  must, 
be  signed  by  the  collector  and  one  copy  deliv- 
ered to  the  purchaser  and  the  other  filed  in 
the  office  of  the  County  Recorder  of  the  county 
in  which  the  land  is  situated.  (Amendment 
approved  February  1(>,  1889.) 

The  matter  in  brackets  was  added  by  the  amend- 
ment". 

8ec.  28.  The_coUector,  before  delivering  any 
certificate,  must  in  a  book  enter  a  description 
of  the  land  sold,  corresponding  "with  the  de- 
scription in  the  certificate,  the  date  of  the 
sale,  purchasers'  names  and  amount  paid,  reg- 
1  ularly  number  the  description  on  the  margin 
!  of  the  book,  and  put  a  corresponding  number 


on  each  certificate.    Such  book  mu 
to  public  inspection,  without  fee*  during  office 
hours,  when  not  in  actual  use.    On  filing  the  | 
certificate  with  such  County  Recorder  the  lien  t 
of  the  assessment  vests  with  the  purchaser,  •• 
and  is  only  divested  by  the  payment  to  him,  or  i 
to   the  collector  for  his  use,  of  the  purchase  1 
money  and  2  per  ceut  per  month  from  the  day  { 
of  sale  until  redemption. 

Sec.  29.  A  redemption  of    the  property  sold  , 
may  be  made  by  the  owner,  or  any  party  in  in-  i 
terest,  within  twelve  raonths  from  the  date  of  I 
purchase.    Redemption  must  be  made  in  gold 
or  silver  coin,  as  provided  for  the  collection  of 
State  and  county  taxes,  and  when  made  to  the 
collector  he  must  credit  the  amount  paid  to  the 
person  named  in  the  certificate,  and  pay  it,  on 
demand,  to  the  person  or  his   assignees.    In 
each  report  the  collector  makes  to  the  board  of  j 
directors  he  must  name  the  person  entitled  to  re-  ! 
demption  money,  and  the  amount  due  to  each.  • 
On  receiving  the  certificate  of  sale  the  County  i 
Recorder  must  file  it  and  ^make  an  entry  in  a  i 
book  similar  to  that  required  of  the  collector.  ! 
On  the  presentation  of  the  receipt  of  the  per- 
son named  in  the  certificate,  or  of  the  colleq- 
tpr,  for  his  use,  of  the  total  amount  of  redemp-  , 
tion  money,  r.he  Recorder  must  mark  the  word  j 
"  Redeemed,"    the    date,   and    by   whom   re-  ! 
deemed,  on  the  certificate  and  on  the  margin  ! 
of  the  book  where  the  entry  of   the  certificate  ! 
is   made.     If   the   property  is  not   redeemed  i 
within  twelve  months  from  the  sale,  the  col-  i 
lector,  or  his  successor  in  office,  must  make  to  i 
the  purchaser,  or  his  assignee,  a  deed  of  the  : 
property,  reciting  in  the  deed  substantially  the  j 
matters  contained  in  the  certificate,  and  that  i 
no  person  redeemed  the  property  during  the  i 
time  allowed  by  law  for  its  redemption.     The  > 
collector  shall  receive  from  the  purchaser,  for  ' 
the  use  of  the  district,  $2  for  making  such 
deed. 

Sec.  30.  The  matter  recited  in  the  oertifioate 
of  sale  must  be  recited  iu  the  deed,  and  such 
deed,  duly  acknowledged  or  proved,  is  prima 
facie  evidence  that: 

First— The  property  was  assessed  as  required 
by  law. 

Second— The  property  was  equalized  as  re- 
quired by  law. 

Third  -That  the  assessment*  wer«  levied  in 
accordance  with  law. 

Fourth — The  assessments  were  not  paid. 

Fifth— At  a  proper  time  and  place  the  prop- 
erty was  sold  as  prescribed  by  lav/,  and  by  the 
proper  officer. 

Sixth— The  property  was  not  redeemed. 

Seventh— The  person  who  executed  the  deed 
was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is 
(except  as  against  actual  fraud)  conclusive  evi- 
dence of  the  regularity  of  all  the  proceedings 
from  the  assessment  by  the  Assessor,  inclusive, 
up  to  the  execution  of  the  deed.  The  deed 
conveys  to  the  grantee  the  absolute  title  to  the 
lands  described  therein  free  of  all  incum- 
brances,  except  when  the  land  is  owned  by  the 
United  States  or  this  State,  in  which  case  it  is 
prima  facie  evidence  of  the  right  of  possession 

Sec.  31.  The  assessment  book  or  delinquent 
list,  or  a  copy  thereof,  certified  by  the  collector, 
showin,;  unpaid  assessments  against  any  per- 
son or  property,  is  prima  facie  evidence  of  the  j 
assessment,,  the  property  assessed,  the  delin- 
quency, the  amount  of  assessments  due  and 
unpaid,  and  that  all  the  forms  of  the  law  in  re- 
lation to  the  assessment  and  levy  of  such  as- 
sessments have  been  complied  with. 

Uec.  32.  When  land  is  sold  for  assessments 
correctly  imposed,  as  the  property  of  a  par- 
ticular person,  uo  misnomer  of  the  owner  or 
supposed  owner,  or  other  mistake  relating  to 
the  ownership  thereof,  affects  the  sale  or  ren- 
ders it  void  or  voidable. 

Sec.  33.  On  the  first  Monday  in  each  month 
the  collector  must  settle  with  the  secretary  of 
the  board  for  all  moneys  collected  for  assess- 
ments, and  pay  the  same  over  to  the  treasurer; 
and  within  six  days  thereafter  he  must  deliver 
to  and  file  in  the  office  of  the  secretary  a  state- 
ment under  oath,  showing: 

First— An  account  of  all  his  transactions  and 
receipts  since  his  last  settlement. 

Second — That  all  money  collected  by  him  as  , 
collector  has  been  paid. 

The  collector  shall  also  file  in  the  office  of 


che  secretary  on  said  first  Monday   in   each  |  the  secretary.    The  saw  county  Treasurer  shall 
month  the  receipt  of  the   treasurer   for  the  i  report  in   writing  on   the  second  Monday  in 


money  so  paid. 

Sec.  34.  Upon  the  presentations  of  the  cou- 
pons due  to  the  treasurer,  he  shall  pay  the 
same  from  said  bond  fund.    Whenever,  after 
«  ten  years  from  the  issuance  of  said  bonds,  said 
i  fund  shall  amount  to  the  sum  of  $10,000.  the 
!  board  of  directors  may  direct  the  treasurer  to 
i  pay  such  an  amount  of  said  bonds  not  due  as 
I  the  money  in  said  fund    will   redeem,  at  the 
lowest  value  at  which  thev  may  be  offered  for 
i  liquidation,  after  advertising  for  at  least  four 
i  weeks  in  some  daily  newspaper  in  each  of  the 
cities  hereinbefore  named,  and  in  any  other 
;  newspaper  which  said  board  may  deem  advis- 
able, for  sealed  proposals  for  the  redemption  of 
said  bonds.    Said  proposals  shall  be  opened  by  • 
the  board  in  open   meeting,  at  a  time  to  be 
named  in  the  notice,  and  the  lowest    bid   for 
said  bonds  must  be  accepted;  provided,  that 
no  bond  shall  be  redeemed  at  a  rate  above  par. 
In  case  the  bids  are  equal,  the  lowest  iiumbereu. 
bond  shall  have  the  preference.    In  case  none 
of  the  holders  of  said  bonds  shall  desire  to  have 
the  same   redeemed,  as   herein  provided  for, 
said  money  shall  be  invested  by  the  treasurer, 


each  month  the  amount  of  money  in  the 
County  Treasury,  the  amount  of  receipts  for 
the  month  preceding  and  the  amount  or 
amounts  paid  out;  said  report  shall  be  verified 
and  tiled  with  the  secretary  of  the  board.  The 
district  treasurer  shall  also  report  to  the  board 
in  writing  on  the  first  Monday  in  each  month 
the  amount  of  money  in  the  district  treasury, 
the  amount  of  receipts  for  the  mouth  preced- 
ing and  the  amount  anditemsof  expenditures, 
and  said  report  shall  be  verified  and  filed  with 
the  secretary  of  the  board. 

Sec.  37.  Tiie  cost  and  expense  of  purchasing 
and  acquiring  property  and  constructing  the 
works  and  improvements  herein  provided  for 
shall  be  wholly  paid  out  of  the  construction 
mud.  For  the  purpose  of  defraying  ihe  ex- 
penses of  the  organization  of  the  district  and 
of  the  care,  operation,  management,  repair  and 
improvement  of  such  portions  of  saia  canal 
and  works  as  are  completed  and  in  use,  includ- 
ing salaries  of  officers  and  employes,  the 
board  may  either  fix  rates  of  tolls  and  charges 
and  collect  the  same  from  all  persons  using 
said  canal  for  irrigation  and  other  purposes,  or 


under  the  direction   of  the  board,  in  United  1 1  they  may  provide  for  the  payment  of  said  ex- 


States  gold-bearing  bonds,  or  the  bonds  of  the 
State,  which  shall 'be  kept  in  said  "Bond  fund," 
and  may  be  used  to  redeem  said  district  bonds 
whenever  the  holders  thereof  may  desire. 

Sec.  35.  After  adopting  a  plan  for  said  canal 
or  canals,  storage  reservoirs  and  works,  the 
board  of  directors  shall  give  notice,  by  publi- 
cation thereof  not  less  than  twenty  days  in 
one  newspaper  published  in  each  of  the  coun- 
ties composing  the  district  (provided  a  news- 
paper is  published  therein),  and  in  such  other 
lie \vspapers  as  they  may  deem  advisable,  call- 
ing ior  bids  for  the  construction  of  such  work, 
or  of  any  portion  thereof;  if  less  than  the 
whole  work  is  advertised,  then  the  portion  so 
advertised  must  be  particularly  described  in 
such  notice.  Said  notice  shall  set  forth  that 
plans  and  specifications  can  be  seen  at  the 
office  of  the  board,  and  that  the  board  will  re- 
ceive sealed  proposals  therefor,  and  that  the 
contract  will  be  let  to  the  lowest  responsible 
oidder,  stating  the  time  and  place  for  opening 
said  proposals,  which,  at  the  time  and  place 
appointed,  shall  be  opened  in  public;  and  as 
soon  as  convenient  thereafter  the  board  shall 


peuditures  by  a  levy  of  assessments  therefor, 
or  by  both  said  tolls  and  assessments;  if  by  the 
latter  method,  such  levy  shall  be  made  on  the 
completion  and  equalization  of  the  assessment 
roll,  and  the  board  shall  have  the  same  powers 
arid  functions  lor  the  purposes  of  said  levy  as 
are  now  possessed  by  Boards  of  Supervisors  in 
this  State.  The  procedure  for  the  collection  of 
assessments  by  such  levy  shall  in  all  respects 
conform  to  the  provisions  of  this  act  relating 
to  the  payment  of  principal  and  interest  of 
bonds  herein  provided  for. 

Sec.  3e>.  The  board  of  directors  shall  have 
power  to  construct  the  said  works  across  any 
stream  of  water,  watercourse,  street,  avenue, 
highway,  railway,  canal,  ditch  or  fiuine  which 
the  route  of  said  canal  or  canals  may  intersect 
or  cross,  in  such  manner  as  to  afford  security 
for  life  and  property;  but  said  board  shall  re- 
store the  same,  when  so  crossed  or  intersected, 
to  its  former  state  as  near  as  may  be,  or  in  a 
sufficient  manner  not  to  have  impaired  un- 
necessarily its  usefulness;  and  every  company 
whose  railroad  shall  be  intersected  or  crossed 
by  said  works  shall  unite  with  said  board  in 


let  said  work,  either  in  portions  or  as  a  whole,  1  forming  said  intersections  and  crossings,  and 
to  the  lowest  responsible  bidder:  or  they  may  yi  grant  the  privileges  aforesaid:  and  if  such  rail- 
reject  any  or  all  bids  aud  readvertise  for  pro-  road  corapftnv  and  gaid  board,  or  the  owners 
rSHaJft°hVmay  Proceed-tor  construct  the  work  S3 u!S8ol£n  It  the  said  property,  thing  or 
under  their  own  superintendence.  Contracts  franohise  so  to  be  crossed,  cannot  agree  upon 
for  the  purchase  of  material  shall  be  awarded  the  amount  to  be  paid  therefor,  or  the  points  or 
to  the  lowest  responsible  bidder.  Any  person  the  manner  of  said  crossings  or  intersections, 
or  Persons  to  whom  a  contract  may  be  awarded  '  tne  same  sh-Rll  be  ascertained  and  determined 
shall  enter  into  a  bond,  with  good  and  sum-  iu  all  respects  as  herein  provided  in  respect  to 
cient  sureties,  to  be  approved  by  the  noai'd,  the  taking  of  land.  The  right  of  way  is  hereby 
payable  to  said  district  tor  its  use,  for  2o  per  Riven  a&cated  and  set  apart  to  locate,  con- 
cent of  the  amount  of  the  contract  price,  con-  struct  and  maintain  said  works  over  and 
dmoned  forthe  mithful  performance  of  said  .  throu?n  anv  of  the  lands  which  are  now  or 
contract.  Ihe  work  shall  be  done  under  the  may  be  the  property  of  this  State;  and  also 
direction  and  to  the  satisfaction  of  the  en- .  there  is  given,  dedicated  «nd  set  apart  for  the 


gineer  and  be  approved  by  the  board.   (Amend- 
ment approved  March  20,  1891.) 

Before  the  above  amendment,  any  work  done 
under  the  superintendence  of  the  board  of  diract- 
>rs,  and  r,ot  by  contract  awarded  under  compet- 


uses   and   purposes   aioresaid  all   waters  and 
water  rights  belonging  to  this  State  within  the 
district. 
Sec.  39.    The  board  of  directors  shall  receive 


on,  ana  not  oy   contract  awarded  uiiaer  compel-     ,  ~^~'  ,**"•     •  -*^\     v*^^        irz  i 

itive  bids,  was  required  to  be  done  wholly  by  tne     four  dollars  per  day  and  mileage  at  the  rate  of 
residents  of  the  district;  and  contractors  were  re- j  twenty  cents  per  mile  in  attending  meetings 

rmirarl   tr\    crixjA     hrmrt   in  rirtiiHIft    t.Vio    oitinimr.    nF    tha  I   or>rl     onftiol     onrl   nnrtnca  a  v\r  £»  -\"r\£\n  u/^c  TvoiH    TirHllA 


quired  to  give  bond  in  double  the  amount 
contract  puce. 

Sec.  3G.  No  claim  shall  be  paid  by  the  treas- 
urer until  allowed  by  the  board,  and  only  upoti 
a  warrant  signed  by  the  president  and  counter- 


and  actual  and  necessary  expenses  paid  while 
engaged  in  official  business  under  the  order  of 
the  board.  The  board  shall  fix  the  compensa- 
tion td  be  paid  to  the  other  officers  named  in 
the  act,  to  be  paid  out  of  the  treasury  of  the 


igned    by  the   secretary;   provided,  that    the  <  district;  provided,  that  said  board  shall,  upon 


>ard  may  draw  from  time  to  time  from  the 
construction  fund  and  aeposit  in  the  County 
Treasury  of  the  county  where  tbe  ofHce  of  the 
board  is  situated  any  sum  in  excess  of  $25,- 
000.  The  County  Treasurer  of  said  county  is 
hereby  authorized  and  required  to  receive  und 
receipt  for  the  same  and  place  the  same  to  the 
«  credit  of  said  district,  and  ne  sha].l  be  respon- 
sible upon  his  official  bond  for  ''!Q  safe  keep- 
ing and  disbursement  of  the  same  as  in  this 
act  provided.  He  shall  pay  .out  the  same  or 
any  portion  thereof  to  the  treasurer  of  the  dis- 
trict only,  and  only  upon  the  order  of  the 


the  petition  of  at  least  fifty  or  a  majority  of 
the  freeholders  within  such  district  therefor, 
submit  to  the  electors  at  any  general  election 
a  schedule  of  salaries  and  fees  to  be  paid  here- 
under.  Such  petition  must  be  presented  to  the 
board  twenty  days  prior  to  a  general  election, 
and  the  result  ot  such  election  shall  be  deter- 
mined and  declared  in  all  respects  as  other 
elections  are  determined  and  declared  under 
this  act. 

Sec.  40.  No  director  or  any  other  officer 
named  in  this  act  shall  in  any  manner  be  in- 
terested directly  or  indirectly  in  any  contract 


board  signed  by_the  president  and  attested  by  ij  awarded  or  to  be  awarded  bv  the  board,  or  in 


j  the  proiits  to  ba  derived  therefrom;  and  for  any 
i  violation  of  this  provision  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor  and  such  con- 
viction shall  work  a  forfeiture  of  his  office  and 
he  shall  be  punished  by  a  fine  not  exceeding 
I  five  hundred  dollars  or  by  imprisonment  in 
'  the  county  jail  not  exceeding  six  months  or  by 
both  such  fine  and  imprisonment. 

Sec.  4l.    The  Board  of  Directors  may,  at  any 
time,  when  in  their  judgment  it  may  be  ad- 
visable, call  a  special  election  and  submit  to 
the  qualified  electors  of  the  district  the  ques- 
tion whether  or  not  a  special  assessment  shall 
be  levied  for  the  purpose  of  raising  money  to 
be  applied  to  any  of  the  purposes  provided  in  ' 
this  act.    Such  election  must  be  called  upon 
the  notice  prescribed,  and  the  same  shall  be  j 
held  and  the  result  thereof  determined  and  de-  r 
clared  in  ail  respects  in  conformity  with  the  I 
provisions    of    section  15   of  this   act.      The  f 
notice  must  specify  the  amount  of  money  pro-  ; 
posed  to  be  raised  and  the  purpose  for  which  it  i 
is  intended  to  be  used.    At  such  elections  the  ;t 
ballots  shall  contain  the  words  "Assessment- 
Yes,"  or  "Assessment— No."    If  two-thirds  or  - 
more  of  tha  votes  cast  are  "Assessment— Yes,"  , 
the  board  shall,  at  the  time  of  the  annual  levy  ' 
hereunder,  levy    an   assessment   sufficient  to  L 
raise  the  amount  voted.    The  rate  of  assess- 
ment shall  be  ascertained  by  deducting  15  per  ( 
cent  for  anticipated  delinquencies  from  the 
aggregate  assessed  value  of  the  property  in  the 
district  as  it  appears  on  the  assessment  roll  for 
the  current  year,  and  then  dividing  the  sum 
voted  by  the  remainder  of  such  aggregate  as-  ' 
sessed  value.    The  assessment  so  levied  shall  >. 
be  computed  and  entered  on  the  assessment  i 
roll  by  the  secretary  of  the  board  and  collected  i 
at  the  same  time  and  in  the  sama  manner  as 
other  assessments  provided   for   herein;    and 
when  collected  shall  be  paid  into  the  district 
treasury  for  the  purposes  specified  in  the  notice  i 
of  such  special  election. 

Sec.  42.  The  board  of  directors,  or  other  offi- 
cers of  the  district,  shall  have  no  power  to  incur 
an/  debt  or  liability  whatever,  either  by  issu- 
ing bonds  or  otherwise,  in  excess  of  the  express 
provisions  of  this  act;  and  any  debt  or  liabil- 
ity incurred  in  excess  of  such  express  pro- 
visions shall  be  and  remain  absolutely  void, 
[excent  that  for  the  purpose  of  organization,  or 
for  any  of  the  purposes  of  this  Act,  the  board 
of  directors  may,  before  the  collection  of  the 
first  assessment,  incur  an  indebtedness  not  ex- 
ceeding in  the  aggregate  the  sum  of  $2000,  and 
may  cause  warrants  of  the  district  to  issue 
therefor,  bearing  interest  at  7  per  cent  per 
annum.]  (Amendment  approved  March  20, 
1891.) 

The  words  In  brackets  are  new  matter. 
Sec.  43.  In  case  the  volume  of  water  In  any 
stream  or  river  shall  not  be  sufficient  to  supply 
the  continual  wants  of  the  entire  country 
through  which  it  passes,  and  susceptible  of 
irrigation  therefrom,  then  it  shall  be  the  duty 
of  the  water  commissioners*  constituted  as 
hereinafter  provided,  to  apportion,  in  a  just 
and  equitable  proportion,  a  certain  nmount  of 
said  water  upon  certain  or  alternate  weekly 
days  to  different  localities,  as  they  may,  in  their 
judgment,  think  best  for  the  interest  of  all  par- 
ties concerned,  and  with  due  regard  to  the 
legal  and  equitable  rights  of  all.  Said  water 
commissioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts 
affected. 

Sec.  44.  It  shall  be  the  duty  of  the  board  of 
directors  to  keep  the  water  flowing  through 
the  ditches  under  their  control  to  the  full 
capacity  of  such  ditches  in  times  of  high 
w  ater. 

Sec.  45.  Navigation  shall  never  in  anywise 
be  impaired  by  the  operation  of  this  act,  nor 
shall  uny  vested  interest  in  or  to  any  mining  ; 
water  rights  or  ditches,  or  in  or  to  any  water  < 
or  water  rights  or  reservoirs  or  dams  now  used  j 
oy  the  owners  or  possessors  thereof  in  connec-  ; 
tion  with  any  mining  industry,  or  by  persons 
purchasing  or  renting  the  use  thereof,  or  in  or 
to  any  other  property  now  used,  directly  or  in-  j 
directly,  in   carrying    on    or    promoting   the  j 
mining  industry,  ever  be  affected  by  or  taken  j 
under    its    provisions,  save   and  except   that  I 
rights  of  way  may  be  acquired  over  the  same.  I 


Sec.  4U.  IN  one  ui  me  provisions  of   tuis  act  . 
ah  all  be  construed  as  repealing  or  in  anywise 
modifying  the  provisions  of  any  other  act  re- 
latins?  to  the  subject  of  irrigation  or  water  com- 
missioners.   Nothing  herein   contained    shall 
be  deemed  to  authorize  any  person  or  persona 
to  divert  the  waters  of  any  river,  creek,  stream, 
canal  or  ditch  from  its  channel,  to  tne  detri-  j 
ment  of  any  person  or  persons  having  any  in-  ! 
terest  in  such  river,  creek,   stream,  canal  or 
ditch,  or  the  waters  therein,  unless  previous 
compensation  be  ascertained  and  paid  there- 
for, under  the  laws  of  this  State  authorizing 
the  taking  of  private  property  for  public  uses,  i 

Supplemental     Acts. 

INCLUSION    ACT. 
[Approved  February  16,  1889.] 

SECTION  1.    The  boundaries  of  any  irrigation 
district  now  or  hereafter  organized  under  the 
provisions  of  an  act  entitled  "An  act  to  pro- 
vide for  the  organization  and  government  of 
irrigation  districts,    and   to    provide    for   the 
acquisition  of  water  and  other  property,  and 
for  tne  distribution  of  water  thereby  for  irriga- 
tion purposes,"  approved  March  7,  1887,  may 
be  changed  in  the  manner  herein  prescribed;  j 
but  such  change  of  the  boundaries  of  the  dis-  | 
.rict  snail  not  impair  or  affect  its  organization,  ' 
or  its   rights  in  or  to  property,  or  any  of   its  j 
eights  or  privileges  of  whatsoever  kind  or  na-  j 
Lure;    nor  shall  it  affect,  impair  or  discharge  i 
any  contract,  obligation,  lien  or  charge  for  or  ! 
upon  which  it  was  or  might  become  liable  or 
chargeable,  had  such  cnauge  of  its  boundaries 
not  been  made. 

Sec.  2.    The  holder  or  holders  of  title,  or  evi-  ' 
dence  of  title,  representing  one-half  or  more  of 
any  body  of  lands  adjacent  to  the  boundary  of 
an  irrigation  district,  which  are  contiguous, 
And    which,    taken    together,    constitute    one 
tract  of  land,  may  file  with  the  board  of  di- 
rectors of  said  district  a  petition  in   writing 
praying  that  the  boundaries  of  said  district  may 
be  so  changed  as  to  include  therein  said,  lands. 
The  petition  shall  describe  the  boundaries  of 
aaid   parcel  or   tract  of   laud,  and  shall  also 
describe     the     boundaries     of     the     several 
parcels    owned    by    the    petitioners,    if     the 
petitioners  be  the  owners  respectively  of  dis- 
tinct parcels,  but  such  descriptions  need  uot  be 
more  particular  than   they  are  required  to  be  j 
when  such  lands  are  entered  by  the  County  ; 
Assessor  in  the  assessment  book.    Such  peti-  ,' 
tion  must  contain  the  assent  of  the  petitioners  ; 
to  the   inclusion  withiu  said   district  of  the  ; 
parcels  or  tracts  of  land  described  in  the  peti-  j 
tion,  and  of  which  said  petition  alleges  they  I 
are  respectively  the  owners;  and  it  must  be  i 
acknowledged  in  the  same  manner  that  con- 
veyances of  land  are  required  to  b3  acknowl-  ! 
edged. 

Sec.  3.    The  secretary  of  the  board  of  direc-  ! 
cors  shall  cause  a  notice  of  the  filing   of  such 
petition  to  be  given  and  published  in  the  same 
manner  anu  for  the  same  time  that  notices  of 
special  elections  for  the  issue  of  bonds   are  re- 
quirad  by  said  act  to  be  published.    The  notice 
shall  state  the  filing  of  such    petition  and  the 
names  of.  the  petitioners,  a  description  of  the 
lands    mentioned,   in    said    petition,    and  the 
;.»rayer  of  said  petition;  and  it  sbail  notify   all 
persons  interested  in  of  that  may  ba  affected 
oy  such  change  of  the  boundaries  of  the  dis-  j 
tr'ict  to  appear  at  the  oilice  of  said  board  at  a  j 
time  named  in  said  notice  and  show  cause  in  ' 
writing,  if  any  they  have,  why  the  change  in  ; 
the  boundaries  oi  said  district,  as  proposed  in  j 
said  petition,  should  not  be  made.     The  time  ' 
to  be  specified  in  the   notice   at   which  they 
shall  be  required  to   slvow  cause  shall  be  the 
regular  meeting  of  the   board   next  after  the 
expiration  of  the  time  for   the  publication  of 
the  notice.    The  petitioners  shall  advance  to 
the  secretary  sufficient  money  to  pay  the  esti- 
mated costs  of    all    proceeding    under    this 
act. 

Sec.  4.    The  board  of  directors,  at  the  time 
and  place  mentioned  iu  the  said  notice,  or  at 
such  other  time  or  times  to  which  tne  hearing  j 
of  said  petition  may  be  adjourned,  shall  pro-  ' 
ceed  to  hear  the  petition,  and  all  the  objections 
thereto,  presented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed 


ild  not  be  made.    The  failure  by  any  per-  '  ghall  descritJe  the  entire  boundaries  of  said  dis- 
interested in  said  district,  or  in  the  matter    t  {  t     nd  for  tnat  purpos3  the  board  may  cause 

u &*  -x—.  -*   <+.  K.,,,^O,,Q,   ^    a  survey  of  such  portions  thereof  to  be  made  as 

the  board  may  deem  necessary. 

Sec.  10.  Upon  a  change  of  the  boundaries  of 
a  district  being  made  a  copy  of  the  order  of  the 
board  of  directors  ordering  such  change,  certi 
tied  by  the  president  and  secretary  of  the 
board,  shall  be  filed  for  record  in  the  Record- 
er's office  of  each  county  within  which  are  sit- 
uated any  of  the  lands  of  the  district,  and 
thereupon  the  district  shall  be  and  remain  an 
irrigation  district,  as  fully  and  to  every  intent 
and  purpose  as  if  the  lands  which  are  included 
in  the  district  by  the  change  of  the  boundaries, 
as  aforesaid,  had  been  included  therein  at  the 
original  organization  of  the  district. 

Sec.  11.  Upon  the  filing  of  the  copies  of  the 
order,  as  in  the  lust  preceding  section  men- 
tioned, the  secretary  shall  record  in  the  min- 
utes of  the  board  the  petition  aforesaid ;  and  the 
said  minutes,  or  a  certified  copy  thereof,  shall 
be  admissible  in  evidence,  with  the  same  effect 
as  the  petition. 

Sec.  12.  A  guardian,  an  executor  or  an  ad- 
ministrator of  an  estate,  who  is  appointed  as 


change   of    the    boundaries   of 
should  not  be  made.    The  failure  by  any  per- 
son   

of  the  proposed  change  of  its  boundaries,  to 
show  cause,  in  writing,  as  aforesaid,  shall  be 
deemed  and  taken  as  an  assent  on  his  part  to 
a  change  of  the  boundaries  of  the  district  as 
praved  for  in  said  petition,  or  to  such  change 
thereof  as  will  include  a  part  of  said  lands. 
And  the  filing  of  such  petition  with  said 
board,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  on  the  part  of  each  and  all  of  such 
petitioners  to  such  a  change  of  said  bound- 
aries that  they  may  include  the  whole  or  any 
portion  of  the  lands  described  in  said  petition. 

Sec.  5.  The  board  of  directors  to  whom  such 
petition  is  presented  may  require,  as  a  con- 
dition precedent  to  the  granting  of  the  same, 
'that  the  petitioners  shall  severally  pay  to  such 
district  such  respective  sums,  as  nearly  as  the 
same  can  be  estimated  (the  several  amounts  to 
be  determined  by  the  board),  as  said  petition- 
ers or  their  grantors  would  have  been  required 
to  pay  to  such  district  as  assessments  had  such 
lands  been  included  in  such  district  at  the 
time  the  same  was  originally  formed. 

Sec.  6.  The  board  of  directors,  if  they  deem 
it  not  for  the  best  interests  of  the  district  that 


such  under  the  laws  of  this  State,  and  who,  as 


a  change  of  its  boundaries  be  so  made  as  to  j  BUCh  guardian,  executor  or  administrator,  is 
include  therein  the  lands  mentioned  in  the     entitled  to  the  possession  of  the  lands  belong- 
petition     shall     order     that     the     petition,  ••,  jng  to  tne  estate  which  he  represents,  may,  on 
be     rejected.     But    if    *&*?,_  flfSJ*^**.    *?*     behalf  of  his  ward  or  the  estate  which  he  rep- 
resents, upon  being  thereunto  authorized  by 
the  proper  court,  sign  and  acknowledge  the 
petition  in  this  act  mentioned,  tmd  may  show 
causa,  as  in  this  act  mentioned,  why  the  bound- 
aries of  the  district  should  not  be  changed. 


deem    it     for 

the  best  interests  of  the  district  that  the 
boundaries  of  said  district  be  changed,  and  if 
no  person  interested  in  said  district  or  the  pro- 
posed change  of  its  boundaries  shows  cause  in 
writing  why  the  proposed  change  should  not 
be  made,  or  if,  having  shown  cause,  withdraws 


Sec.  13.  In  case  of  the  inclusion  of  any  land 


Qy  lllclUC,  Ui    AJ.J   i-lcaving  oiAV,f  *.*•  vt*v*i     .1,   »»  ».,«**..  —  OCC.    -LO.    JL11  UUot:  VI     Lilt?    lilOJ.UB.lUiJ.   SJJL    tljiv    J»iH-l 

the  same,  the  board  may  order  that  tho  boun-  |  within  atly  district  by  proceedings  under  this 
daries  of  the  district  be  so  changed  as  to  in-  I  act  tue  board  of  directors  must,  at  least  thirty 
elude  therein  the  lands  mentioued  in  said  \\  jays  pri0r  to  the  next  succeeding  general  elec- 
petition  or  some  part  thereof.  The  order  shall  |  tjorl>  make  an  order  redividing  such  district 
describe  the  boundaries  as  changed  and  shall  '.  jnto  gve  divisions  as  nearly  equal  in  size  as 
also  describe  the  entire  boundaries  of  the  dis-  '  may  be  practicable,  which  shall  be  numbered 
trict  as  they  will  be  after  the  change  thereof  as  {  nrst>  second,  third,  fourth  and  fifth,  and  one 
aforesaid  is  made,  and  for  that  purppse_  the  director  shall  thereafter  be  elected  by  each  di- 
vision. For  the  purposes  of  elections  the  board 
of  directors  must  establish  a  convenient  num- 
ber of  election  precincts  in  said  districts  and 
define  the  boundaries  thereof,  which  said  pre- 
cincts may  be  changed  from  time  to  time,  as  j 
the  board  may  deem  necessary. 

EXCLUSION  ACT. 

[Approved  February  16,  1889.] 

SBCTION  1.    The  boundaries  of  any  irrigation 

district  now  or  hereafter  organized  under  the  j 

provisions  of  an  act  entitled  "An  act  to  pro- 


RlOrcbtllU.      1O      1UU.VAC,       P.UVA      *W«       fc*-i.t*w      f-*+  t,v"*'       —~ 

board  may  cause  a  survey  to  be  made  of  such 
portions  of  said  boundary  as  is  deemed  neces- 


Sec.  7.  If  any  person  interested  in  said  dis- 
trict, or  the  proposed  change  of  its  boundaries, 
shall  show  cause  as  aforesaid  why  such  bound- 
aries should  not  be  changed,  and  shall  not 
withdraw  the  same,  and  if  the  ooard  of  di- 
rectors deem  it  for  the  best  interests  of  the  dis- 
trict that  the  boundaries  thereof  be  so  changed 
as  to  include  therein  the  lands  mentioned  m 
the  petition,  or  some  part  thereof,  the  board 
shall  adopt  a  resolution  to  that  effect.  The 
resolution  shall  describe  the  exterior  bounda- 
ries of  the  lands  which  the  board  are  of  the 
opinion  should  be  included  within  the  bound- 
aries of  the  district  when  changed. 

Sec.  8.  Upon  the  adoption  of  the  resolution 
mentioned  in  the  last  preceding  section  the 
board  shall  order  that  an  election  be  held 
within  said  district  to  determine  whether  the 
boundaries  of  the  district  shall  be  changed  as 
mentioned  in  said  resolution,  and  shall  fix 
the  time  at  which  such  election  shall  be  held, 
and  cause  notice  thereoi  to  be  given  and  pub- 
lished. Sucn  notice  shall  be  given  and  pub- 
lished, and  such  election  shall  be  held  and 
conducted,  tho  returns  thereof  shall  be  made 
and  canvassed,  ana  the  result  of  the  election 
ascertained  and  declared,  and  all  things  per- 
taining thereto  conducted  inthemanne:  pre- 
scribed by  said  act  in  case  of  a  special  election 
to  determine  whether  bonds  of  an  irrigation 
district  shall  be  issued.  The  ballots  cast  at 
said  election  shall  contain  the  words  "  For 
change  of  boundary,"  or  "Against  change  of 
boundary,"  or  words  equivalent  thereto.  The 
notice  of  election  shall  describe  the  proposed 
change  of  the  boundaries  in  such  manner  and 
terms  that  it  can  readily  be  traced. 

Sec.  9.  If  at  such  election  a  majority  of  all 
the  votes  cast  at  said  election  shall  be  against 
such  change  of  the  boundaries  of  the  district 
the  board  shall  order  that  said  petition  be  de- 
nied, and  shall  proceed  no  further  in  that  mat- 
ter. But  if  a  majority  of  such  votes  be  in  favor 
of  such  change  of  the  boundaries  of  the  district 
the  board  shall  thereupon  order  vhat  the  bouii- 
s  be  changed  in  accordance  with  said  res- 


vide  for  the  organization  and  government  of  j 
irrigation  districts,  and  to  provide  for  the  ac- 
quisition ol  water  and  other  property,  and  for  ' 
the  distribution  of    water  thereby  for  irriga- 
tion purposes,"  approved  March  7, 1887,  may 
be  changed,  and  tracts  of  land  which  were  in- 
cluded within  the  boundaries  of  such  district 
at   or   after   its   organization    under  the  pro- 
visions of  said  act  may  be  excluded  therefrom, 
in  the  manner  herein  prescribed;  but  neither 
such  change  of  the  boundaries  of  the  district,  i 
nor  auch  exclusion  of  lands  from  the  district, 
shall  impair  or  affect  its  organization,  or  its 
right  in  or  to  property,  or  any  of  its  rights  or 
privileges,  of  whatever   kind   or   nature;  uor 
shall  it  affect,  impair  or  discharge  any  con- 
tract, obligation,  lien   or   charare   for  or  upon 
which  it  was  or  might  become  liable  or  charge- 
able had  such  change  of  its  boundaries  not  j 
been  made  or  had  not  any  land  been  excluded  ! 
from  the  district. 

Sac.  2.  The  owner  or  owners  in  fee  of  one  or 
more  tracts  of  land  which  constitute  a  portion 
of  an  irrigation  district  may  file  with  the 
board  of  directors  of  the  district  a  petition 
praying  that  .such  tracts,  and  any  other  tracts 
contiguous  thereto,  may  be  excluded  and  , 
taken  from  said  district.  The  petition  shall  \ 
describe  the  boundaries  of  the  land  which  the 
petitioners  desire  to  have  excluded  from  the 
•district,  and  aUo  the  lands  of  each  of  such 
petitioners  which  are  included  within  such 
boundaries;  but  the  description  of  such  lands 
need  not  be  more  particular  or  certain  than  is 
required  when  the  land.s  are  entered  in  the 
assessment  book  by  the  County  Assessor.  Such 
petition  must  be  acknowledged  iu  the  same 
manner  ancl  form  as  is  required  in  case  of  a 


conveyance  of  land,  ana  the  acltnowiedgmevu 
shall  have  tho  same  force  and  effect  as  evi- 
dence as  the  acknowledgment  of  such  con- 
veyance. 

Sec.  3.  The  secretary  of  tho  board  of  directors 
shall  cause  a  notice  of  the  filing  of  such  peti- 
tion to  be  published  for  at  least  two  weeks  in 
some   newspaper    published   in   the    county 
where  the  office  of  the  board  of  directors  is  sit- 
uated, and  if  any  portion  of  such  territory  to 
be    excluded   lie    within   another    county   or 
counties,  then  said  notice  shall  be  so  published 
in  a  newspaper  published,  within  each  of  said 
counties;  or   if  no   newspaper   be  published 
therein,  then   by  posting  such  notice  for  the  \ 
same  time  in  at   least   three  public  places  in  j 
said  district,  and,  in  case  of  the  posting  of  said  j 
notices,  one  of  said  notices  must  be  so  posted  \] 
on    the   lands   proposed  to  be  excluded.    The  j 
notice  shall  state  tne  filing  of  such  petition;  f 
the  names  of  the  petitioners;  a  description  of 
the  lands  mentioned  in  said  petition  and  the 
prayer  of  said  petition;    and  it  shall  notify  all 
persons  interested  in,  or  that  may  be  affected  by 
such  change  of  the  boundaries  of  the  district,  :j 
to  appear  at  the  office  of  said  board  at  a  time  j 
named  in  said  notice,  and  show  cau.se,  in  writ-  [ 
ing,  if  any  they  have,  why  the  change  of  the 
boundaries  of  said  district,  as  proposed  in  said 
petition,  should  not  be  made.    The  time  to  be 
specified  in  the  notice  at  which  they  shall  be 
required   to  show  cause   shall  be  the  regular 
meeting  of  the  board  next  after  the  expiration 
of  the  time  for  the  publication  of  the  notice. 

Sec.  4.  The  board  of  directors,  at  the  time 
and  place  mentioned  in  the  notice,  or  at  the 
time  or  times  to  which  the  hearing  ot  said 
petition  may  be  adjourned,  shall  proceed  to 
hear  the  petition  and  all  objections  thereto 
presented  in  writing  by  any  person  showing 
cause  as  aforesaid  why  the  prayer  of  said  peti- 
tion should  not  be  granted.  Tiie  failure  of  any 
person  interested  in  said  district  to  show  cause, 
in  writing,  why  the  tract  or  tracts  of  land 
mentioned  in  said  petition  should  not  be  ex- 
cluded from  said  district  shall  be  deemed  and 
taken  as  an  assent  by  him  to  the  exclusion  of 
such  tract  or  tracts  o'f  land,  or  any  part  thereof, 
from  said  district;  and  the  filing  of  such  peti- 
tion with  such  board,  as  aforesaid,  shall  be 
deemed  and  taken  as  an  assent  by  each  and  all 
of  such  petitioners  to  the  exclusion  from  such 
district  of  the  lands  mentioned  in  the  petition, 
or  any  part  thereof. 

Sec.  5.  The  board  of  directors,  if  they  deem 
it  not  for  the  best  interests  of  the  district  that 
the  lauds  mentioned  in  the  petition,  or  some 
portion  thereof,  should  be  excluded  from  said 
district,  shall  order  that  said  petition  be  de- 
nied: but  if  they  deem  it  for  the  best  interests 
of  the  district  that  lands  mentioned  in  the 
petition,  or  some  portion  thereof,  be  excluded 
from  the  district,  and  if  no  person  interested  in 
the  district  show  cause  in  writing  why  the 
said  lands,  or  some  portion  thereof,  should  not 
be  excluded  from  the  district,  or  if.  having 
shown  cause,  withdraws  the  same,  and  also,  if 
there  be  no  outstanding  bonds  of  the  district, 
then  the  board  may  order  that  the  lands  men- 
tioned in  the  petition,  or  some  defined  portion 
thereof,  be  excluded  from  the  district. 

Sec.  6.  If  there  be  outstanding  bonds  of  the 
district,  then  the  board  may  adopt  a  resolution 
to  the  effect  that  the  board  deema  it  to  the  best 
interest  of  the  district  that  the  lands  men- 
tioned in  the  petition,  or  some  portion  thereof, 
should  be  excluded  from  the  district.  The  res- 
olution shall  describe  such  lands  so  that  the 
boundaries  thereof  can  readily  be  traced.  The 
holders  of  such  outstanding  bonds  may  give 
their  assent  in  writing  to  the  effect  that  they 
severally  consent  that  the  board  may  make  an 

|  order  by  which  the  lands   mentioned  in  the 

I  resolution  may  be  excluded  from  the  district. 

i  The  assent  must  be  acknowledged  by  the  sev- 
eral holders  of  such  bonds  in  the  same  manner  C 
and  form  as  is  required  in  case  of  a  conveyance  j, 

I  of  land,  and  the  acknowledgment  shall  have  j; 
*  the  same  force  and  effect  as  evidence  as  the  ac- 
knowledgment of  such  conveyance.  The  assent 
shall  be  nled  with  the  board,  and  must  be  re- 
corded in  the  minutes  of  the  board;  and  said 
minutes,  or  a  certified  copy  thereof,  shall  be 
admissible  in  evidence  with  the  same  effect  as 
said  assent;  but  if  such  assent  be  not  filed,  the 
board  shall  deny  and  dismiss  said  petition. 


sec.  v.  II  tne  assent  aioresaid  of  the  holder? 
of  said  bonds  be  filed  and  entered  of  record  as 
aforesaid,  and  if  there  be  objections  presented 
by  any  person  showing  cause  as  aforesaid,  j 
which  have  not  been  withdrawn,  then  the  I 
board  may  order  an  election  to  be  held  in  said  ; 
district  to  determine  whether  an  order  shall  be 
made  excluding  said  laud  from  the  district  as 
mentioned  in  said  resolution.  The  notice  of 
such  election  shall  describe  the  boundary  of 
all  lands  which  it  is  proposed  to  exclude,  and  : 
such  notice  shall  be  published  for  at  least  two 
weeks  prior  to  such  election  in  a  newspaper 
published  within  the  county  where  the  office 
of  the  board  of  directors  is  situated;  and  if  any 
portion  of  such  territory  to  be  excluded  lie 
within  another  county  or"  counties,  then  said 
notice  shall  be  so  published  in  a  newspaper 
published  within  each  of  such  counties.  Such 
notice  shall  require  the  electors  to  cast  ballots 
which  shall  contain  the  words  "For  Exclu- 
sion," or  "Against  Exclusion,"  or  words  equiv- 
alent thereto.  Such  election  shall  be  conducted 
in  accordance  with  the  general  election  laws  of 
the  State;  provide  i,  that  no  particular  form  of 
ballot  shall  be  required. 

Sec.  8.  If  at  such  election  a  majority  of  all 
the  votes  cast  shall  be  against  the  exclusion  of 
said  lands  from  the  district,  tha  board  shall 
deny  and  dismiss  said  petition  and  proceed  no 
further  in  said  matter;  but  if  a  majority  of 
such  votes  be  in  favor  of  the  exclusion  of  said 
lands  from  the  district,  the  board  shall  there- 
upon order  that  the  said  lands  mentioned  in 
said  resolution  be  excluded  from  the  district. 
The  said  order  shall  describe  the  boundaries  of, 
the  district  should  the  exclusion  of  the  said 
lands  from  said  district  change  the  boundaries 
of  the  district;  and  for  that  purpose  the  board 
may  cause  a  survey  to  be  made  of  such  portions 
of  the  boundaries  as  the  board  may  deem 
necessary. 

Sec.  9.  Upon  the  entry  in  the  minutes  of  the  i 
board  of  any  of  the  orders  hereinbefore  men-  i 
tioiied,  a  copy  thereof,  certified  by  the  presi- 
dent and  the  secretary  of  the  board,  shall  be  ; 
filed  for  record  in  the  Recorder's  office  of  each  ; 
county  within  which  are  situated  any  of  the 
lands  of  the  district,  and  thereupon  said  dis-  '• 
trict  shall  be  and  remain  an  irrigation  district 
as  fully,  to    every  intent  and    purpose,  as  it 
would  be  had  no  change  been  made  in  the 
boundaries  of  the  district,  or  had  the  lands 
excluded  therefrooi  never  constituted  a  por- 
tion of  the  district. 

Sec.  10.  If  the  lands  excluded  from  any  dis-  ] 
trict  under  this  act  shall  embrace  the  greater 
portion  of  any  division  or  divisions  of  such  dis- 
*.ct,  then  the  office  of  director  for  such  divis- 
ion or  divisions  shall  become  and  be  vacant  at  i 
the  expiration  of  ten  days  from  the  final  order 
of  the  board,  under  section  8  of   this   act,  ex- 
cluding said  lauds,  and  such   vacancy  or  va-  ' 
caucies  shall  be  filled  by  appointment  by  the 
Board  of   Supervisors  of  the  county  where  the 
office  of   sucii  board   is   situated  from  the  dis- 
trict at  large.    A  director,  appointed  as  above  ' 
provided,  shall  hold  his   office  until  tho  next  j 
regular  election  for  said  district  and  until  his 
successor  is  elected  and  qualified. 

Sec.  11.  At  least  thirty  days  before  the  next 
general  election  of  such  district  the  board  of 
directors  thereof  shall  make  an  order  dividing 
said  district  inio  five  divisions,  as  nearly  equal 
in  size  as  may  be  practicable,  which  shall  be 
numbered  first,  second,  third,  fourth  and  fifth, 
and  one  director  shall  be  elected  by  each  divis- 
ion. For  the  purpose  of  elections  in  such  dis- 
trict, the  said  board  of  directors  must  establish 
a  convenient  number  of  election  precincts  and 
define  the  boundaries  thereof,  which  said  pre- 
cincts may  be  changed  from  time  to  time,  as 
the  board  of  directors  may  deem  necessary. 

Sec.  12.  A  guardian,  an  executor,  or  ah  ad- 
ministrator of  an  estate,  who  is  appointed  as 
such  under  the  laws  of  this  State,  and  who,  as 
such  guardian,  executor  or  administrator,  is 
entitled  to  the  possession  of  the  lands  be- 
longing to  the  estate  which  he  represents 
may,  on  behalf  of  his  ward  or  the  estate  which 
he  represents,  upon  being  thereto  properly 
authorized  by  the  proper  court,  sign  and 
acknowledge  the  petition  iu  this  act  mentioned 
and  may  show  cause,  as  in  this  act  provided 
why  the  boundaries  of  the  district  should  not 
be  changed. 

Sec.  13.  In  case  ot  the  exclusion  of  any  land 


under  the  provisions  OTtHis  act  there  shau  DB 

refunded  to  any  and  all  persons  who  have  paid 

any  assessment  or  assessments  to  such  district,  bonds  of  said  district  maybe  examined,  ap- 

or  any  lands  so  excluded,  any  sum  or  sums  so  proved  and  confirmed  by  said  court. 

paid.    Such  payments  shall  be  made   in  the  Sec-  *•  Any  person  interested  in  said  district, 

same  manner  as  other  claims  against  such  dis-  or  in  the  issue  or  sale  of  said  bonds,  may  de- 


trict  and  from  such  fund  or  funds  as  the  board 
of  directors  may  designate. 

CONFIRMATION  ACT. 
[Approved  March  16, 1889. ]' 
SECTION  1.  The  board  of  directors  of  an  Irri- 
gation district  now  or  hereafter  organized 
under  the  provisions  of  an  act  entitled  "An 
act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for 
tbe  acquisition  of  water  and  other  property 
and  for  the  distribution  of  water  thereby  for  ir- 
rigation purposes,"  approved  March  7,  1887, 
niay  commence  a  special  proceeding 
in  and  by  which  the  proceedings  of 
said  board  aud  of  said  district 
providing  for  and  autnorizing  the  issue 


mur  to  or  answer  said  petition.  The  provis- 
ions of  the  Code  of  Civil  Procedure  respecting 
the  demurrer  and  the  answer  to  a  verified  com- 
plaint shall  be  applicable  to  a  demurrer  and 
answer  to  said  petition.  The  persons  so  d-e- 
inurring  to  or  answering  said  petition  shall  be 
the  defendants  to  said  special  proceeding,  and 
the  board  of  directors  shall  be  the  plaintiff. 
Every  material  statement  of  the  petition  not 
specifically  controverted  by  the  answer  must, 
for  the  purpose  of  said  anenial  nrooftpdino-.  h« 


r  the  purpose  of  said  special  proceeding,  be 
taken  as  true;  and  each  person  failing  t*>  an-  | 
swer  the  petition  shall  be  deemed  to  aduait  as 
true  all  the  material  statements  of  the  petition. 
The  rules  of  pleading  and  practice  provided  by 
the  Code  of  Civil  Procedure  which  are  not  in- 

.  consistent  with  the  provisions  of  this  act  are 

and  sale  of  the  bonds  ol  said  district,  whether  applicable  to  the  special  proceeding  herein 
said  bonds,  or  any  of  them,  have  or  have  not  provided  for.  A  motion  for  a  new  trial  must 
been  sold,  may  be  judicially  examined,  ap-  be  made  upon  the  minutes  of  the  coufrt  The 
proven  and  confirmed.  V  t  order  granting  a  new  trial  must  specfl?  the  is® 

bee.  2.  The  board  of  directors  of  the  irriga-  sues  to  be  re-examined  on  such  new  trial,  and 
t  on  district  shall  hie  m  the  Superior  Court  of  t  the  findings  of  the  court  upon  the  other  issues 
the  county  in  which  the  lands  of  the  district,  shall  not  be  affected  by  such  order  granting  a 
or  some  portion  thereof,  are  situated,  a  petition  new  triaL 
praying,  in  effect,  tnat  the  proceedings  afore- 
said may  be  examined,  approved  and  con- 
firmed by  the  court.  The  petition  shall  state 
the  facts  showing  the  proceedings  had  for  the 
issue  and  sale  of  said  bonds,  and  shall  state 
generally  that  the  irrigation  district  was  duly 
organized  and  that  the  first  board  of  directors 
\'-as  duly  elected;  but  the  petition  need  not 
state  the  facts  showing  such  organization  of 
the  district  or  the  election  of  said  first  board  of 
directors. 

See.  3.  The  court  shall  fix  the  time  for  the 
hearing  of  said  petition,  and  shall  order  the 
Cleric  of  the  court  to  give  and  publish  a  notice 
of  the  filing  of  said  petition.  The  notice  shall 
be  given  and  published  in  the  same  manner 
and  for  the  same  length  of  time  that  the  notice 
of  a  special  election  provided  for  by  said  act, 
to  determine  whether  the  bonds  of  said  district 
shall  be'  issued,  is  required  to  be  given  and  pub- 
lished. The  notice  shall  state  the  time  and 


Sec.  5.  Upon  the  hearing  of  such  special 
proceeding  the  court  shall  have  power  and  3u-  / 
risdiction  to  examine  and  determine  the  le- 
gality and  validity  of  and  approve  and  confirm 
each  and  all  of  the  proceedings  for  the  organi- 
zation of  said  district  under  tno  provisions  of  ' 
the  said  act,  from  nnd  including  the  petition 
for  the  organization  of  the  district,  and  all 
other  proceedings  which  may  affect  the  legal- 
ity or  validity  of  said  bonds,  and  the  order  for 
the  sale  and  the  sale  thereof.  The  court  in  in- 
quiring into  the  regularity,  legality  or  correct- 
ness of  said  proceedings  must  disregard  any 
error,  irregularity  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  to 
said  special  proceeding;  and  it  may  approve 
and  confirm  such  proceedings  in  part  and  dis- 
approve and  declare  illegal  or  invalid  other  ; 
and  subsequent  parts  of  the  proceedings.  The  i 
court  shall  find  and  determine  whetner  the 
notice  of  the  filing  of  said  petition  has  been 


place  fixed  for  the  hearing  of  the  petition  and    duly  given  ana  published  for  the  time  and  in  'i 
the  r>raver  of  the  petition,  and  that  anv  nfirsnn     *ha  mov.^^^  ,•«  +h^,  ,«_,-u^^     rr.u- 


the  prayer  of  the  petition,  and  that  any  person 
interested  in  the  organization  of  said 'district, 
or  in  the  proceedings  for  the  issue  or  sale  of 
said  bonds,  may,  on  or  before  the  day  fixed  for 
the  hearing  of  said  petition,  demur  to  or  an- 
swer said  petition.  The  petition  may  be  re- 


ferreo.  to  and  described  in  said 

petition  of  the  board  of 

gation  district  (giving  its  name),  praying  that  i  jugdmenfc 

the  proceedings  for  the  issue  and  sale  of  the  ' 


the  manner  in  this  act  prescribed.  The  costs 
of  the  special  proceedings  may  be  allowed  and 
apportioned  between  all  the  parties  in  the  dis- 
cretion of  the  court. 

Sec.  6.  An  appeal  from  an  order  granting  or 
refusing  new  trial,   or   from   the    judgment, 


' — •*   ~  -i^Auomg    ULUVV    tiAOij,    vi    nuui    tilts     juuirmenit 

d  notice  as  the    must  be  taken  by  the  party  aggrieved  within 
!  °_f_-T— 1»>;    ten  days  after  the  entry  of  said  order  or  said 


Homc»  of  irriffOtionista  at  Scdlands. 


IN   THE    COUHTS. 


'VARIOUS     POIN'PS     THAT     HAVE 
BEEN    LITIGATED. 


The  Law  Upheld  by  Repeated  Decis- 
ions of  the  Supreme  Court — 
History  of  the  Cases. 


It  is  of  course  desirable  that  laws  em* 
bodying  BO  many  novel  features  as  this 
should  be  passed  upon  by  the  courts  and 
their  constitutionality  determined.  Neces- 
sarily there  were  those  who  thought 
themselves  aggrieved  by  the  new  law,  and 
they  were  not  slow  in  putting  the  legal 
machinery  into  operation  for  the  purpose  of 
securing  the  relief  to  which  they  believed 
themselves  entitled.  Happily,  however, 
the  law  had  been  most  carefully  drawn,  no 
loopholes  had  been  left,  and  in  conse- 
quence in  every  one  of  the  suits  brought 
the  upholders  of  the  act  proved  victorious. 
In  order  that  it  may  be  Known  exactly 
what  questions  were  raised  and  what  de- 
cisions were  reached  in  regard  to  each  a 
full  report  of  the  litigation  so  far  con- 
cluded is  given.  It  will  convince  »ny  one 
of  the  fact  that  the  law  is  fully  and  en- 
tirely constitutional,  and  that  it  is  folly  to 
oppose  its  beneficial  operation. 

Suprema     Court    Decision*    Construing 
Irrigation  Law. 

(No.  12456.    In  Bank,  May  31, 1888.) 

TUBLOCK  IRRIGATION  DISTRICT,  PETITIONER,  TS. 

B.    W.    WILLIAMS,    SECRETARY,    ETC., 

RESPONDENT. 
[76  Cal.  360-372.] 

Irrigation  Districts— Act  of  March  7,  1887— Constitu- 
tional Law.—'Lhe  act  of  March  7,  1387,  provid- 
ing for  the  organization  and  government  of 
irrigation  districts,  and  the  provisions  thereof 
relative  to  the  condemnation  of  private  prop- 
erty, lauds,  water,  etc.,  for  the  uses  pre- 
scribed therein,  are  constitutional. 
Idein— Irrigation  Districts  Public  Corporations. — 
The  irrigation  districts  provided  for  in  the  act 
are  quasi  public  corporations,  in  the  senae  that 
the  purposes  for  wnich  they  are  to  organize  is 
for  the  general  public  benefit. 

Idein— Method  of  Assessment— General  System  of  Taoc- 
ation.—l.'i  is  not  necessary  to  their  validity  that 
the  methods    adopted    for  the  levy  of   assess- 
ments and  for  their  col  lection  should  be  assim- 
ilated to  and  follow  exactly  the  mode  provided 
in    the    Constitution    fjr  the   assessment  and 
collection  of  taxes  for  general  State  purposes. 
This  is  a  proceeding  to  compel  the  respond- 
ent, the  secretary  of  the  Turloek  irrigation  dis- 
trict, to  sign,  certain  bonds  ordered  to  be  issued 
agaitfirt  said  district  by  the  board  of   directors 
thereof. 

Tue  act  under  which  said  district  was  organ- 
ized, and  the  authority  upon  which  it  is  asked 
that  the  respondent  be  compelled  to  sign  said 
bonds,  was  approved  March  7, 1887. 

The  first  section  of  said  statute  provides  for 
t,he  organization  of  irrigation  districts  upon  pe- 
titions filed  with  the  Board  of  Supervisors  by 
fifty  or  a  majority  of  freeholders  owning  land 
susceptible  of  one  mode  of  irrigation  from  a 
common  source.  It  is  also  required  that  after  a 
petition  is  filed  the  Board  of  Supervisors  shall 
make  an  order  fixing  the  boundaries  of  the  dis- 
trict, and  shall  thereupon  call  an  election,  of 


I  which  notice  is  required  to  be  given,  at  which 
the  electors  residing  within  the  proposed   dis- 
|  trict  are  permitted  to  vote  for  or  against  its  tir- 
i  ganization. 

It  is  also  provided  that,  if  two-thirds  of  the 
electors  residing  within  said  proposed  district 
vote  in  favor  of  its  organization  into  an  irriga- 
tion district,  the  Board  ol  Supervisors  shall  de- 
clare the  district  duly  organized. 

The  act  also  provides  for  the  election  of  an 
assessor,  collector  and  treasurer,  and  a  board 
of  five  directors  for  the  district.  To  the  board 
of  directors  is  given  the  power  to  manage  and 
conduct  the  business  and  affairs  of  the  dis- 
erict,  maka  and  execute  all  necessary  con- 
tracts, and  employ  and  appoint  such  agents, 
officers  and  employes  as  may  be  required,  pre- 
scribe their  duties,  establish  equitable  by-laws,  • 
rules  and  regulations  for  the  distribution  and  ' 
use  of  the  water  among  the  owners  of  said 
land,  and  generally  to  perform  all  such  acts  as 
shall  be  necessary  to  fully  carry  out  the  pur- 
poses of  the  act.  General  powers  are  given  to 
the  board  of  directors  to  enter  upon  lands  in 
the  district  and  make  surveys,  to  locate  the  : 
lines  of  canals,  to  acquire  by  purchase  or  con-  ' 
demnatiori  all  lands  and  waters  and  other.prop-  '• 
erty  necessary  for  the  construction,  use,  sup- 
ply, maintenance,  repair  and  improvement  of 
said  canal  or  canals  and  works,  to  construct 
dams,  reservoirs  and  works  for  the  collection 
of  water,  and  to  do  any  and  every  lawful  act 
necessary  to  be  done  in  order  that  sufficient 
water  may  be  furnished  to  each  land  owner  in 
said  district  for  irrigation  purposes. 

Posvers  are  also  conferred  upon  said  board  of  ; 
directors   to    estimate     and     determine    the 
amount   of   money   necessary  to  be  raised  for 
the  purposes  of  the  act,  and  for  the  purpose  of  < 
raising  said  money  to  call  an  election  and  sub-  I 
init  to  the  electors  residing   within   said  dis-  ! 
trict  the  question  whether  or  not  the  bonds  of  ! 
said  district  shall  be  issued  in  the  amount  so  ; 
determined  to  be  necessary.    Said  board  also  < 
has  power  under  said  act  to  to  sell  said  bonds. 
It  is  provided  by  section  13  of  said  act  that 
the  legal  title  to  all  property  acquired  under  • 
the  provisions  thereof  shall  immediately  and  < 
'  by  operation  of  law  rest  in  the  irrigation  dis- 
trict,  and  shall  be  held  by  such  district  in  trust  : 
for  the  uses  and  purposes  set  forth  in  the  act. 

In  said  section,  it  is  provided  that  the  board  '• 
may  hold,  use,  acquire,  manage,  occupy  and  j 
possess  said  property  as  provided  in  said  act.  • 
It  ia  also  provided  that  the  bonds  issued  by  the  ' 
order  of  the  board  of  directors  and  the  interest  j 
thvreon  shall  be  paid  by  revenue  derived  from  I 
an  Annual  assessment  upon  the  real  property  of 
the  district,  and  that  all  the   real  property  iu 
the  district  shall  be  and  remain  liable  to  be  as- 
sessed for  such  payment,  as  provided  in  said 
act.    Provision  is  also  made  for  the  assessment 
of  said  property  by  the  assessor  of  the  district, 
for  the  publication  of  the  delinquent  list,  the 
collection  of  penalties  on   delinquent  assess- 
ment, the   sale  of  property  for  me  purpose  of  I 
paying  said  assessment,  the  redemption  of  the  i 
property,;  the   execution  of  deeds  by  the  col-  ! 
lector  oil  said  district,  transferring   absolutely  ! 
the  proparty  of  landowners  within  the  district  i 
refusing   to  submit  to  the  tax  and  assessment  j 
provided  for,   the  vesting  of  title  in  the  pur-  • 
chaser,  etc. 

It  is  also  provided  by  section  23  of  said  act  i 
that  the   assessment  upon  real  property  shall  ' 
constitute  a  lien  against  the  property  assessed  ! 
from  and  after  the  1st  of  March  of  any  year,  ' 
and  that  such  lien  shall  not  be  lemoved  until  ; 
such  assessments  are  paid  or  the  property  sold  j 
for   the    payment   thereof.    Provision  is  also 
made   for  the  apportionment  of  water  among 
the  residents  of  the  district.    The  further  facts 
are  stated  in  the  opinion. 

P.  J.  Hazen,  Hatton  &  Fulkerth  and  W.  H. 
Beatty  for  petitioner. 

The  districts  provided  for  in  the  act  of  March 
7,  1887,  are  public  or  quasi  public  corpora- 
tions, and  the  purposes  for  which  they  are  in- 
tended are  public.  (Tide  Water  Co.  vs.  Coster, 
18  N.  J.  Eq.,  521;  90  Am.  Dec.,  G34;  Hartwell 
vs.  Armstrong,  19  Barb.,  106;  Lux  vs.  Haggiu 
69  Cal.,  303;  Gilmer  vs.  Lime  Point,  18  Cal  ' 
252;  Cooley  on  Taxation,  2d  ed.,  103;  Olm- 
stead  vs.  Camp,  33  Conn.,  532;  89  Am.  Dec 
221;  Talbot  v*.  Hudson,  82  Mass.,  4=17:  Coomes 
Y3.  Burt,  39  Mass.,  427;  Wurts  vs.  Hoasland, 


!  114  U.  S.,  606;  Head  vs.  Amoskeag  Manufact-  56; 

i  uring  Co.,  113  U.  S.,  9;  Const,  art  14,  sec.  1;  " 
Hager  vs.  Reclamation  District,  111  U.  S.,  701; 
Hager  vs.  Yolo  County,  47  CaL,  222;  Reclama- 
tion District  vs.  Hager,  66  CaL,  54;  C.  W.  &  Z.< 
R.  R.  vs.  Com.  Clinton  Co.,  1  Ohio  St., 94;  Bar-j 
bier  vs.  Connelly,  113  U.  S.,  27;  S.  &.  V.  R.  R.| 
Co.  vs.  Stockton,  41  Cai.,  147.)  The  charge  im 


posed  for  the  purpose  of  paying  the  bonds  was 
strictly  an  assessment  for  local  improvements 
and  not  a  general  tax;  consequently  the 
methods  adopted  for  entorcing  the  assessment 
i  need  not  conform  to  the  reqirementa  of  the 
Constitution  in  reference  to  general  taxation. 
(Dillon  on  Municipal  Corporation,  752:  Desty 
on  Taxation,  151-171;  Cooley  on  Taxation, 
639;  Goodrich  vs.  W.  &  D.  T.  Co.,  26  Ind.  119; 
Creighton  vs.  Scott,  14  Ohio  St.  438;  Seattle  vs. 
Yenler,  1  Wash.  571;  Dailey  vs.  Swope,  47  Miss. 
367;  Mason  vs.  Spencer,  35"  Kan.  512;  MeGehee 


vs.  Mathis,  21  Ark.  40;  Emery  vs.  San  Francisco 
Gas  Company,  28  Cal.  346;  Burnett  vs.  Saora- 
mento,  12  Cal.  76;  73  Am.  Dec.  518.)  The 
Legislature  had  constitutional  authority  to 
commit  the  power  to  levy  the  assessment  to  a 
special  board.  (Hager  vs.  Reclamation  Dis- 
trict No.  108,  111  U.  S.  701.)  It  is  not  neces- 
sary that  the  local  improvement  for  which  the 
assessment  is  levied  should  be  confined  within, 
the  district  taxed.  (Pat.tison  vs.  Yolo  county, 


Corporation,  70  Me.  528  ; 
reUWarhin«ton°Avenue?69 

'.because  it  authorizes  the  taking 
,  u^perty  without  due  process  of  law. 
Constitutional  Limitations,  355  ;Bank 
^ubia  vs.  Oakley,  4  Wheat  244;  David- 
son^TNewVrleans,  96\r.  S.  107.)  The  statute 


.  , 

authorizes  private  property  to  be  assessed  and 
sold  to  pay  for  a  future,  uncertain  and  contin- 
gent improvement  (In  re  Drainage  of  Pequest 
feiTTPr  39  N  J  L  433;  In  re  Fourth  Avenue,  3 
Wend'  Isl;  Const  Cal.,  Art  1,  Sec.  14.)  The 
assessment  is  not  limited  to  the  benefits  con- 
ferred The  statute  allows  the  bpard  of  direct- 
ors and  votes  of  a  district  to  raise  the  assess- 

thougn  the 


high  as  they  please,  even  thougn  the 
ie  improvement  will  exceed  the  bene- 
wford  vs.Teople,  82  111.  557;  In  re 


ment  as 

cost  of  the  improv 

fits.    (Crawford 


3  Wend.  452;  Welty  on  As- 
331-337;  Eel  River  Dram- 
inc  Association  vs.  Topp,  16  Ind.  242, 
Dukes  vs.  Working,  93  Ind.  504;  Echisoa 
Ditch  Association  vs.  Hills,  40  Ind.  410; 
jmith  vs  Duck  Pond  Ditch  Association,  4» 
?~i  q«  )  Tne  statute  authorizes  the  forma- 
Jion'of  a  district  and  the  assessment  of  lands 
"Ytnollt  srivin0'  all  the  landholders  the  right  ot 
u  ""inff  (Boorman  vs.  Santa  Barbara,  65  Cal, 
oi7.  cnm,-t  vs  Palmer  74  N.  Y.  183;  30  Am. 

13  Cal.   189.)    The  Legislature  has  power  to    "p1*'   289-  Remsen  vs.  W  heeler,  105  N.Y.  573;. 

determine  all  questions  of  policy  involved  in,1  p.:tt'eri  vs'    Green    13  Cal.    325;  Stockton  vs. 

the  formation  of  an   irrigation   district    and    7vhjtmore    50  Cal.     554;    Cooley's  Constitu- 


might  delegate  such  power  to  Boards  of  Super- 


OrtJj       t/V      V><V1«          C/1/-K  »        V/V/VA^J     w  -U 

visors  or  other  subordinate  bodies.  (Pearson  ^iVnBtirm  of  iudi'cial  powers  of  the  Legisla- 
vs.  Zable,  78  Ky.  170;  Cooley  on  Taxation,'  h,"  S  the  delegation  of  judicial  powers  to 
150;  Kelsey  vs.  Trustees  of  Nevada,  18  Cal.  Se  Board  of  Supervisors.  (Cooley's  Constitu- 
630;  Desty  on  Taxation,  1247;  Hager  vs.  tional  Limitations,  89,92.)  The  act,  in- con- 
Reclamation  Distict  No.  108,  111  U.  S.  701;  '  {V«vpntion  of  the  Constitution,  delegates  to  the 
Abbott  vs.  Dodge,  18  Neb.  1240.)  The  ,  ££rd  £  directors  of  the  district  and  to  the 
mode  provided  by  the  act  for  the  levy  and  ,ipntnrs  legislative  powers,  and  grants  to  a  spe- 
collection  of  the  assessment  is  not  a  denial  of  ~£?V  commission  and  prsvate  individuals  power 
the  due  process  of  law.  (Davidson  vs.  New  !"«,  i*>vv  taxe«  ( Const,  art  19,  sec.  13;  Moul- 
Orleans,  96  U.  S.  97;  Hager  vs.  Yolo  county, 47  Sn  TO  Parks  64  Cal  166;  ex  parte  Wall,  48 
CaL  222;  Burroughs  on  Taxation,  sec.  145;  5J"t  279-  17  Am.  Rep.  425;  Houghton  vs. 
Hager  vs.  Reclamation  District  No.  108,  111  U.  Austin  47  Cal  646;  Cooley  on  Taxation, 
8.708.)  The  assessment  need  not  be  strictly  4g_5o-' Richardson  vs.  Heydenfeldt,  46  Cal. 
according  to  benefit  Approximation  is  that  ,.«  t  The  statute  grants  special  privileges  to  a 
that  can  be  attained  and  all  that  is  required.  I  rS*.ii  class  of  citizens  and  discriminates  in 
(Cooley  on  Taxation,  2ded.,  167;  Egyptian  L.  ?!££. mo?  a  particular  industry.  (Opinion  of 
Co.  vs.  Hardin,  27  M.  495;  72  Am.  Dec.  279;  Tndsraa  58  Me  590;  Brewer  Brick  Co.  vs. 
Emery  vs.  S.  F.  Gas  Co.,  28  Cal.  346.)  The  as-  I  Brewer  62  Me'  62;  16  Am.  Rep.  395;  Anaeg 
sessment  in  question  is  as  strictly  according  to  "  p  _.'  HUron  Log  Driving,  etc.,  Co.  n " 
benefits  as  could  be  attained  in  any  case,  and  iog.  Gcmst  art«  lf  Beo<  *••  art%  ' 
far  more  so  than  in  most  cases  of  local  assess-  ~rj: '  -^  \ 
ments,  and  the  best_mode  applicable  _  in Jhig  j  A;L>  £art?  amicug  curi£e,_for  respondent 


11  Mich. 
sec* 


matter.    (Cooley  on  Taxation,  2d  ed. ,  660,  661 ; 
Downer  vs.  Boston.  61  Mass.  227;  Piper's  Ap- 
peal, 32  Cal.  530;  Wright  vs.  Boston,  63  Mass, 
233;  Boston  vs.  Shaw,  42  Mass.  120;    Good- 
rich vs.  U.  &  D.  T.  Co.,  20  Ind.  119;  Dailey  vs. 
Swope,  47  Miss.  367;  Williams  vs.   CammacU:, 
27  Miss.  209;  61  Am.  Dec.  508;  Wallace  vs.  • 
Shelton,  14  La.  Ann.  498;   Spencer  vs.  Mer-  \ 
chant,  100  N.  Y.  585;  Excelsior  Manufacturing  ; 
&  P.  Co.  vs.  Green,  39  La.  Ann.  455;  Lent  vs. 
Tillson,  72  Cal.  404.) 

Louttit,  Woods  &  Levinsky,  for  respondent 
The  statute  authorizes  the  assessment  and 
taking  of  private  property  for  a  private  pur- 
pose. (Sedgwiek  on  Constitutional  Law,  2d 
ed.  446-450;  Anderson  vs.  Kerns  Draining  Co., 
19  Ind.  199;  77  Am.  Dec.  63;  People  vs. 
Saginaw,  26  Mich.  22 ;  Sadler  vs.  Longham.  34 
Ala.  329;  Memphis  Freight  Com.  vs.  Mayor, 
etc.,  3  Coldw.  420;  Donnelly  vs.  Decker,  58 
Wis.  461;  Matter  of  Reyes,  72  N.  Y.  1;  Burk  vs. 
Ayres,  26  Hun.  17;  McQuillen  vs.  Hatton,  43 
Ohio  St.  202;  Cheesebrough  V8.  Commissioners, 
37  Ohio  St.  508;  Reeves  vs.  Wood  County,  8 
Ohio  St.  333;  Sessions  vs.  Crunkilton,  20  Ohio 
St.  349;  Cooley's  Constitutional  Limitations, 
5th  ed.,  633.)  The  statute  authorizes  the  as- 
sessment and  taking  of 

out  reference  to  actual  benefits, ,„ 

tionment  is  unequal  and  unjust;  consequently 
the  statute  is  uncoustitutional.  (Boston  vs. 
Shaw,  42  Mass.  130;  Thomas  vs.  Gain,  35 

T>-~?leB, 


iu    every 


»-.ftrt«  t»*j*AWA**  xx*-..- — j  —  -  -  -  f 

district  formed  under  the  act,  lor  th« 
irrigating  private  lands,  and  thug 
heir  productiveness  and  value,  IB 
respect  a  private  corporation. 


Field     on     Corporations,     sec.     3; 


l  Wood's  Field  on  corporations,  seu.  o, 
1  Dillon  on  Municipal  Corporations,  3d  ed., 
sees.  22-56;  Ten  Eyck  vs.  Canal  Co.,  3  Harr. 
300;  37  Am.  Dec.  233;  Hanson  vs.  Vernon,  27 
Iowa,  28;  1  Am.  Rep.  215; 'Regents  of  Univer- 
sity v.  Williams,  8  Gill.  &  J.  365;  31  Am.  Dec 
72-  Allen  vs.  McKean,  1  Sum.  278;  Dartmouth 
College  vs.  Woodward,  4  Wheat  518;  Bailey 
vs.  Mlyor,  3  HilL  531;  88  Am.  Dec.  669;  Bun- 


private  property  with- 
>enefits,  and  the  appor- 


dell  vs.  D.  &  R.  C.  Co.,  1  Wall.  Jr.  2, 
mail  vs.  Belvidere  Delaware  R.  K.  ^y.,-~ 
N  J  L  148;  59  Am.  Dec.  56o;  Nortn  Yar- 
mouth vs.  SkiJlings,  45  Me.  133;  71  Am.  Dec. 
530;  Bills  vs.  Marshall,  2  Mass.  268;  3  Am. 
Dec  49;  Yarmouth  vs.  North  Yarmouth,  34 
Me  411;  5tf  Am.  Dec.  666;  Payne  vs.  Tread- 
well,  16  Cai.  233.) 

W.  L.  Dudley,  for  respondent 

The  district  created  under  the  act  is  a  publio 
corporation.  (Haservs.  Yolo  County,  47  Cal. 
223;  Dean  vs.  Davis,  51  CaL  406;  People  vs. 
Williams,  56  CaL  647;  People  vs.  La  Rue,  67 
Cal.  526;  Reclamation  District  vs.  Hager,  5b 
Cal.  54.)  The  assessment  levied  for  the  rev- 
enue purposes  of  the  Act  is  neither  more  nor 
less  than  taxation,  and  the  amount  imposed 
upon  each  separate  parcel  of  real 


is  a 


Palmer, 

CaL   351;  Williams  vs.  Corcoran, 
People  vs.  Austin,  47  CaL^  353} 


<  Mich.  155;  24  Am.  Rep.  535;  Lee  vs.  R«8|.lef»  -  Taylor   vs.   ] 
62  111.  427;  Tide  Water  Co.  vs.  Coster,  18  N.  J.      Jyiwler,  41 

Eq.  529;  90  Am.  Dec.  634;  Howell  vs.  Bristoll,  |  4^  £ai  553;  reopie  v».  ^.uonu,  «•  vy«x.  ~«.~, 
8  Bush,  493;  Hammett  vs.  Philadelphia,  65  Pa.  i  Hager  vs.  Yolo  County,  47  Cal.  222;  People 
St.  146;  3  Am.  Rep.  615;  Hoboken  Land,  |  ^yneh  51  Cal.  15;  21  Am.  Rep.  677.)  The 
etc.,  Co.  vs.  Mayor,  etc.,  36  N.  J.  L.  291;  Morris  i  proceedings  for  the  levvin?  and  collection  of 
and  Essex  R.  R.  Co.  vs.  Jersey  City,  36  N.  XL. ' 


proceedings  for  the  levying  and  collection  of 
the  assessment  as  provided  in  the  act,  arcj  re- 


pugniirit   to   the   Uonstitution.    (Const.,   Art. 
13,  sees.  8-9;  Art  14,  sec.  1.) 

W.  T.  Baggett,  for  respondent 

The  act  is  special  legislation.  It  relates  to 
particular  localities — districts  susceptible  of 
irrigation  from  a  common  source.  Such  legis- 
lation is  prohibited  by  subdivisions  10,  28  and  - 
33  of  section  25  of  Article  IV,  section  1  ol 
Article  XII  and  section  6  of  Article  XI  of  the 
Constitution  of  the  State.  (Earle  vs.  Board  of 
Education,  55  Cal.  489;  Desmond  vs.  Dunn,  55 
Cal.  242;  Ex  parte  Westerfield,  55  Cal,  550; 
36  Am.  Kep.  47.) 

By  Foote,  C. :  This  is  an  application  for  a 
writ  oi  mandate  to  compel  the  defendant,  as 
the  secretary  of  an  irrigation  district  (under 
''An  act  to  provide  for  the  organization  and 
government  of  irrigation  districts,"  etc.,  ap- 
proved March  7,  1887.  Sess.  Laws,  p.  29),  to 
sign  certain  bonds  which  the  applicant  pro- 
poses to  issue  under  section  15  of  that  act. 

The  refusal  of  the  defendant  to  sign  those 
instruments  is  based  upon  the  ground  that  the 
statute  ia  unconstitutional  and  void. 

One  of  the  distinguished  counsel  for  the  de- 
fendant  contends  that  the  districts  contem- 
|  plated   by  the   act   aro  private  corporations, 
j  formed  for  private  purposes.    To  use  his  owu 
language:  "Such  an  organization  has  none  of 
the  elements  of  a  public  municipal  body." 

While  another  able  attorney  on  the  same . 
side  contends  that  '-all  the  constituents  of  the  . 
public  corporation  aro  present,  and  to  that 
class  of  corporations  a  district  of  the  statute 
must  be  assigned,"  and  claims  that  the  money 
sought  to  be  raised  under  the  act  is  a  general 
tax,  and  that  the  system  of  organization  of  the 
corporations  prescribed  sn  the  act  is  in  conflict 
with  the  general  plan  of  constitutional  polit- 
ical organization,  and  that  the  mode  of  taxa- 
tion provided  is  different  irom  that  made  nec- 
essary by  the  Constitution  for  general  govern- 
mental purposes,  and  therefore  the  act  is  void. 

We  are  inclined  to  agree  with  the  last  men- 
tioned advocate  of  the  defendant's  cause,  but 
to  the  extent  only  that  the  district,  when  or- 1 
ganized  as  provided  in  the  act  under  discus- 
sion, has  all  the  elements  of  corporations 
formed  to  accomplish  a  public  use  and  pur- 

Eose,  according  to  the  rules  of  law  laid  down  • 
i  Hager  vs.  Supervisors  of  Yolo  county,  47 
Cal.  21:3;  Dean  vs.  Davis,  51  Cal.  406;   People 

•  vs.  Williams,  56  Cal.  647:  People  vs.  La  Rue, ' 
67  CaL  526;  Reclamation  District  vs.  Hagor,  66 
Cal.  54. 

The  results  to  be  derived  from  a  drainage 
law,  and  one  which  has  for  its  purpose  the  irri- 
gation of  immense  bodies  of  arid  lands,  must  • 

I  necessarily  be  the  same  as  respects  the  public 

[  good;  the  "one  is  intended  to  bring  into  cultiva-^ 
tion  and  make   pifbcfviSiive  a  large  acreage  of  ,: 
land  which  would  otherwise  remain  unculti- 
vated and  unproductive  of  any  advantage  to 
the  State,  being  useless,  incapable  of  yielding 
any  revenue  of  importance  toward  the  support 
of  the  general  purposes  of  State  government, 
by  reason  of  too  much   water  flowing  over,  oi 
standing  upon,  or  percolating  through  them. 

The  other  has  for  its  raaiu  object  the  utilise-  . 
ing  and  improvement  ol'  vast  tracts  of  arid  and 
unfruitful  soil,  desert-like  in  character,  much 
of  which,  ii:  water  in  sufficient  quantity 
can  be  conducted  upou  aud  applied  to  it,  may 
be  made  to  produce  the  same  results  as  flow 
from  the  drainage  of  large  bodies  of  swamp 
and  over/lowed  lands. 

Such  a  general  scheme  by  which  immigration 
may  be  stimulated,  the  taxable  property  of  the 
State  increased,  the  relative  burden  of  taxation 
as  to  the  whole  people  decreased,  and  the  com- 
fort and  advantage  of  many  thriving  commu- 
nities subserved,  would  seera  to  redound  to 
the  common  advantage  of  all  the  people  of  the 
State,  to  a  greater  or  less  extent. 

It  is  true  that,  Incidentally,  private  persons 
and  private  property  may  be  benefited,  out  the 
main  plan  or  the  Legislature,  to  wit:  the  gen- 
eral welfare  of  the  whole  people,  inseparably 
bound  up  with  the  interests  of  those  living  in 
sections  which  aro  dry  and  unproductive 
without  irrigation,  is  plain  to  be  seen  pervad- 
ing the  whole  act  m  question. 

This  is  not  a  law  passed  to  accomplish  ex- 
clusive and  seliish  private  gains;  it  is  an 

,  •exj.'jnsive  and  far-reaching  plan,  by  which  the 


general  public  may  oe  vasuy  Deuentea;  ana 
the  Legislature  acted  with  good  judgment  in 
enacting  it. 

"if  the  use  for  which  the  property  is  taken 
be  to  satisfy  a  great  public  wniit  or  public 
exigency,  it  is  a  public  use  within  the  meaning 
of  ihe  Constitution,  and  the  State  is  not  limited 
to  any  given  mode  of  applying  that  property 
to  satisfy  the  want  or  meet  the  exigency." 
(Gilraer  vs.  Lime  Point,  IB  Cal.  252.) 

"For  the  most  part,  the  term  'public  pur- 
poses' is  employed  in  the  same  sense  in  the 
law  of  taxation  and  in  the  law  of  eminent 
domain."  (Cooley  on  Taxation,  2d  ed.,  113.) 

So  that  a  law  which  is  for  a  public  purpose, 
and  which  rauy  concern  the  public  welfare, 
which  lays  an  assessment  upon  property 
according  to  approximate  quality  of  benefit, 
is  not  unconstitutional  because  of  that  feature. 

Perhaps  to  a  greater  extent  than  any  of  the 
other  States,  California,  speaking  through  the 
acts  of  her  Legislature,  her  court  of  last  resort, 
and  Constitution,  seems  to  have  considered 
the  irrigation  of  lands  and  the  supplying  oi 
mines  with  water  as  of  great  public  concern. 
(Code  Civ.  Proc..  sac.  1238;  Cummiugs  vs.  Pe- 
ters, 56  Cal.  596;  Lux  vs.  Haggiii.  69  Cal.,  302- 
305;  Const.,  art.  XIV,  sec.  1.') 

And  in  no  sen.se  can  it  be  said  that  under  the 
act,  in  question  the  assessment  to  pay  the  bonds 
is  to  be  levied  or  collected  in  order  that  one 
man  msEy  take  another's  property  for  his  own 
exclusive  use. 

Tuei'utore,  it  is  evident  that  the  districts  in 
question,  as  organized  under  the  act,  are  not 
private  corporations,  organized  exclusively  for 
the  purposes  of  private  gains.  Thay  are 
at  least  quasi  public  corporations  in  the 
sense  that  the  purpose  for  which  they  are 
to  be  organized  is  for  the  general  public 
benefit 

Nor  does  it  f9llow  that  the  method  of  assess- 
ments and  their  collection  adopted  must  be  as- 
similated to  and  follow  exactly  the  mode  pro- 
vided iu  the  CouBtitution  for  the  assessment 
and  collection  of  taxes  for  general  State  pur- 
poses. 

The  nature  ol  the  assessment  is  one  for  local 
improvements,  which,  however,  eventuate  in 
the  advancement  of  the  public  good,  and  such 
assessments  aud  collections  can  be  lawfully 
made. 

It  is  "clear  that  those  clauses  of  the  Constitu- 
tion which  provide  that  taxation  shall  be 
equal  aud  uuiforin,  and  which  describe  the 
mode  of  assessment  and  the  persons  bv  whom 
it  shall  be  made,  and  tbat  all  property  shall  be 
taxed,  have  no  application  to  assessments 
levied  for  local  improvements."  (Ha^er  vs. 
Supervisors  oi  Yolo  County,  47  Cal.  222.) 

And  there  was  said  of  the  Drainage  act,  so  it 
may  be  said  of  the  one  in  hand  relative  to  irri- 
gation, that  a  system  that  has  lor  its  object  the 
reclaiming  from  the  desert  of  vast  bodies  oi 
land,  "may  justly  be  regarded  a  public  im- 
provement of  great  magnitude,  and  of  the  ut- 
most importance  to  the  community."  It  has 
been  planned  by  the  Legislature  ou  the  basis 
of  "dividing  a  territory  to  be  reclaimed  into 
districts,  and  assessing  the  cost  of  improve- 
ments to  the  lands  to  be  benefited."  In  none 
oi!  the  States  where  such  a  course  has  been  pur- 
sued "has  the  power  of  the  Legislature  to  cause 
such  improvements  to  be  made  in  this  method 
ever  been  denied;  nor  do  we  see  any  tenable 
ground  upon  which  it  can  be  questioned." 
(Hager  vs.  Supervisors  of  Yolo  County,  47  Cal. 


'he  fact  that  the  land  is  situated  in  more 
than  one  county  cannot  affect  the  power  of  the 
State  to  delegate  authority  for  the  establish- 
ment of  thu  reclamation  district,"  or  an  irriga- 
ting district,  "  to  the  Supervisors  of  the  county 
containing  the  greater  part  of  the  lauds.  Such 
authority  iriay  be  lodged  in  any  board  or 
tribunal  which  the  Legislature  may  designate. 
*  *  *  The  expense  of  such  worKs  may 
be  charged  against  parties  specially  benefited. 
and  be  made  a  lien  upon  their  property.  All 
that  is  required  in  such  cases  is,  that  the 
charges  shall  be  apportioned  in  some  just  ana 
reasonable  mode,  according  to  the  benefit  re- 
ceived. Absolute  equality  in  imposing  them 
may  not  be  reached;  only  an  approximation  to 
it  may  be  attainable.  If  no  direct  or  invidious 


discrimination  m  lavor  01  certain  persons  10 
the  prejudice  of  others  is  made,  it  is  not  an 
objection  to  the  mode  pursued  that  to  sonu- 
extent  inequalities  may  arise.  It  may  pos- 
sibly be  that  in  some  portions  of  the  country 
there  are  overflowed  lands  of  so  large  an  extent 
'or  arid  lands  requiring  irrigation,' that  the 
expense  of  their  reclamation  should  pro- 
perly be  borne  by  the  State.  But  this  is  a 
matter  oi:  purely  legislative  discretion.  When- 
ever a  local  improvement  is  authorized  it  is 
for  the  Legislature  to  prescribe  the  way  in 
which  the  means  to  meet  its  cost  shall  be 
raised,  whether  by  general  taxation  or  by  lay- 
ing the  burden  upon  the  district  especially 
benefited  by  the  expenditure."  (Hager  vs. 
Rec.  Dist,  111  U.  S.  705,  citing  Mobile  Co.  vs. 
Kimbnli.  10'J  U.  S.  091-704.) 

The  provisions  of  the  act  relative  to  the  con- 
demnation of  private  property,  lands,  water, 
etc.,  for  tne  uses  prescribed  therein  are  in  har- 
mony with  the  Constitution  and  State  laws, 
and  in  strict  consonance  with  the  views  of  the 
Supreme  Court  in  the  case  of  Lux  vs.  Haggiu. 
69  Cal.  302-305. 

There  are  many  other  points  made  by  the 
various  counsel  for  the  appellant  which  a  e 
some  of  them  at  war  with  others,  but  time  and 
space  do  not  suffice  to  advert  to  them  in  detail. 
It  seems  plain  that  none  of  the  objections 
raised  to  the  signing  of  the  bonds  by  the  re- 
spondents are  tenable.  The  act  under  discus- 
sion in  all  respects  complies  with  the  various 
provisions  of  the  State  Constitution.  We  there- 
lore  advise  that  the  demurrer  to  the  answer  De 
sustained,  and  the  defendant  commanded  to 
sign  the  bonds  by  a  peremptory  writ  of  man- 
date. 

Belcher,  C.  C.,  and  Hayne,  C.,  concurred. 

By  the  court:  For  the  reasons  given  in  the 
foregoing  opinion  the  demurrer  to  the  answer 
is  sustained,  and  it  is  ordered  that  a  peremp- 
tory writ- of  mandate  issue  commanding  the 
defendant  to  sigu  the  bonds. 

(No.  12,954.    In  Bank,  May  31,  1839.) 

CENTRAL  IUIUGATION  DISTRICT,  Respondent, 
vs.  R.  BE  LAPPS,  SECRETARY,  ETC.,  Defend- 
ant, and  LEK  S.  WAKEFIELD,  Intervenor,  Ap- 
pellants. 

[79  Cal.  351-365.] 

Irrigation  Districts— Puldic  Corporations— Irrigation 
districts  are  public  Corporations  to  the  same  ex- 
tent as  reclamation  districts. 

Jtitnv— Proceeding*  for  Formation  to  lie  Liberally 
Construed— The  rule  trial  proceedings  to  divest  ?.:• 
person  of  his  property  in  invitum  are  to  be  strictly 
constru  d  does  nut  auply  to  proceedings  for  th»- 
formation  of  irr  gatioa  districts.  Such  proceed- 
ings are  to  be  liberally  construed  to  carry  out  UH-. 
purposes  of  the  iaw. 

Petition,— Or.  tc.r  MtablltMnq  Jioimdaries— Description 
—1'Mles  of  (..'(instruction— Mmmmcnls—  False  Calls— 
Petrol  Jiviile.ncc—A.  description  by  metes  and 
bounds,  \vhich  would  bo  sufficient  iu  an  ordinary 
deed,  is  sufficient  in  the  petition  and  in  the  order 
establishing  boundaries;  and  the  same  genera; 
rules  of  Construction  apply  in  each  case.  There- 
fore, piaiu  monuments  control  courses  and  dis- 
tances, false  calls  may  bs  rejected  ar.d  lines  sup- 
plied by  int3:idraent,  and  parol  evidence  is  ad 
inissible  to  exo'.am  and  locate  calls. 

&ond— Defective  R>'j>rcum  to  Petition— X£  the  bond 
required  irom  the  petitioners  recites  two  names 
as  petitioners  which  were  not  such  in  fact,  but 
was  n'led  .with  the  petition,  and  appears  thai 
there  was  :i<>  other  petition  than  the  one  filed 
the  reference  is  sufficient  for  the  purposes  of 
identification. 

Ide-in^-CuKdition— Where  the  statute  required  £» 
bond  conditioned  to  paying  a  certain  contin- 
gency, and  the  condition  of  the  bond  given  was 
lo  )>  ij'  <n  any  event.  Held  that  the  bond  was 
sufficient. 

Idem—Poit>er  of  the  Board  to  Allow  a  J\ew  Jlond  tt 
Lieu  of  a  Drffct.it'c  Onr,  and  to  Oontinu- 
tliK  Jlxtriitu  i\,r  that  Purpose— If  the  bond  tiler) 
with  the  petition  is  defective  merely,  and  the 
board  has  power  to  allow  a  new  bond  to  be  filed, 
and  to  continue  the  hearing  lor  that  purpose, 
such  new  bond  "accompanies"  the  petition 
within  the  ine.:nini*  o!  the  statute. 

Presentation  of  Petition— Jtf(iu,'ar  Meeting  of  Board— 
Coil.:  ai.oritij  of  Meeting—  Meet- 

ings of  the  board  held  as  and  for  regular  meet 
fngB,  umier  an  ordinance  prescribing  the  meet 
inks  atid  which  were  the  only  "regular 
meetings  held  for  a  long  period,  are  "reg'u.ar' 
witai  a  tbo  meaning  of  the  statute,  and  objec- 
tions to  the  validity  of  the  proceedings  on  the 


;       passage  of  the  ordinance  are   immaterial. 
if  tii.  v.-a.s   not   properly    passed, 

fact  would  not  have  any  such  collateral  and  far 
reaching  ellect  as  to  render  abortive  all  the  pub- 
He  busing  transacted  at  such  meeting. 
'    Publication— Siictlii    Mistakes— UL.ht    mistakes   in 
-       the  spelling  of  names,  etc.,  in  the  publication. an 

dn  important. 

Modi/lcdtton  by  the  Board  of  the  boundaries  of  ilu, 
'i.v'd    j'ixh'ic.t — Including    other  Lands  upon 
Jlf  quest  of  Owners— Excluding  Lands    ivhicb  art 
Jfinliraced   Within  a  Description    of  Petition  cunt 
wfiic,  '  Hue,  oj  Irriftution  —The  board has 

power  unon  n',;al  heatinff  to  include  within  th< 
district  la. ids  not  included  by  tae  petition,  upon 
application  of  the  owners  thereof;  t;uch  applicn- 
ti',u  n?eu  not  be  in  v/riiing,  and  it  land* 
Kre  embraced  within  tho  description  of  ti 
tion,   and  which    are   susceptible  of  irrigation 
etc.,  are  v.xcluded  by  ilie  board,  its  action 
so  far  as  the  validity  of  the  organization  of  tin- 
district  is  concerned. 

Id  'm — ^itenteMofl^xtmrf {he Decision  of  IJifBo&rtl. 
—It  i'j  not  nocc-ssary  that  the  order  e.staU!' 
the  boundaiios  should  state  the  reasons  of  Uu 
board  ior  excluding  lauds,    buch  order  is  a  sulli- 
cii.-nt  decision. 

Election  PnclHination— Publication— Number  of  Jn- 
i,vlions.— 'i'ne  provis.ou  ih.it  iluo  ejection  proc.a- 
jj3.ai.ioii  shall  be  >  u'oiLhed  "  for  three  weeks  prior 
tn  the  election  "  designates  the  period  of  pub'.ica- 
tion  ouij-,  and  not  the  number  of  insertions, 
which  la'ter  is  left  to  the  reasonable  discretion 
of  tha  board.  Instance  of  reasonable  publication. 
;  Preeinct8—m*n  to  If.  /JstaWfs/ied'.  —  The 
election  pi-pcincts  are  not  required  to  be  es- 
tablished thirty  days  before  e. action.  It  in  su;'- 
fk'isnt  if  they  are  established  by  the  eh 
proclamation,  which  is  required  to  be  oubiiahed 
for  thr?e  weeks. 

Form  of  District  Bonds.— Bonds  of  the  district  dra\vn 
so  as  to  be  ?ach  payable  in  iiwtalinients  are  ia 
proper  form. 

Appeal  from  a   judgment  of    the   Superior 
Court  of  Colnsa  county. 
The  facts  are  stated  in  the  opinion. 
W.  F.  Goad  and  W.  C.  Belcher  for  appellant  , 
De  Lappe. 

H.  M.  Albery  and  K.  Albery  for  appellant 
WakefieM. 

Richard  Bayne  for  respondent. 
Stanton  L.  Carter  amicus  curice. 
By  llf.yne,  C.:    Thia  was  an  application  for 
martdaia.a.5  to  compel  the  secretary  of  an  irri- 
gation district  to  sign  and  I'enl  oottaln  bonds. 
One  of  the  property-owners  of  the  district  was 
allowed  to  intervene  for  the  purpose  of  contest- 
ing the  validitv  of  the  bonds.    The  court  below 
awarded  the  mandamus,  and  the   defendant 
and  intervenor  appeal. 

The  district    was   organized  under  the   act 
known  as  the  Wright  law.     (See  Laws  1837,  p. 
29.)    This  act  was  held  to  be  constitutional  in 
Turlock    Irrigation    District  vs.  Williams,  70 
Cal.,  300.   In  that  case  irrigation  districts  \vcre 
I  likened  to  districts  organised  for  the  reclaraa- 
|  tion  of  swamp  hind*,  aud  the  court  said  th.U 
1  it  was  inclined  to  think  that  they  were  to  be 
1  regarded   as   public   corporations.    We   think 
that  tho  analogy  between  the  two  kinds  of  cor- 
porations is  strong.    The  purpose  of  the  one  is 
to  make  large  bodies  of  land  lit  for  cultivation 
by  removing  the  excess  of  water;  and  that  of 
tho  other  is  to  make  large  bodies  of  land  fit  for 
cultivation  by  distributing  water  over  them. 
Their  general  powers  arc  similar  in  many  re- 
spects, and  they  are  organized  upon  the  same 
plan.    It  is  settled  that  reclamation  districts 
are  public  corporations.     (Dean  vs.   Davis,  51  , 
Cal.,   410,  411;  People  vs  Rec.  Dist.,  53  Cal.,  ; 
34S;  People  vs.  Williains,5G  Cal.,  647;  Hope  vs.  ; 
Perdue,  (32  Cal.,  540;   People   vs.   La  Hue,  07  ' 
Cal.,  528.)    And  we  think  that  irrigation  dis- 
tricts must  be  held  to  be  so  to  the  same  extent. 
Many  objections  are  taken  to  the  proceedings 
of  the  organization  of  the  district.    And  the 
argument  in  relation    thereto    rests  in  great 
part  upon  the  propositions  that  the  proceed- 
ings are  to  be  strictly  construed.    This  is  put 
upon  two  grounds.   It  is  said,  in  the  first  place, 
that  the  proceedings  are  for  the  purpose  of  di- 
vesting the  citizen  of  his  property  in  invitum. 
It  is  true  that  later  on  provision  is  made  for 
assessing    the    property     within     a    district 
for   the   purpose  of  defraying  expenses.    But 
i  no  assessments  have  yet  been  levied,  and  nom 
1  are  involved  in  the  case  before  us.    The  objec- 
i  tions  made  relate  to  the  organization  of  the 
district.    The  urimary  purpose  of  such  organi- 


zafioiiTs  to  perform  certain  important  public 
functions,  The  power  of  assessment,  it  is  true, 
is  incidental;  but  in  the  same  way  it  is  inci- 
dental to  cities  and  other  municipal  cor- 
porations, strictly  so  called,  for  the  improve- 
ment of  streets,  etc.  And  it  can  no  more  be 
said  that  for  this  reason  proceedings  for  the  or- 
ganization of  irrigation  districts  are  for  the 
purpose  of  depriving  the  citizen  of  his  prop- 
j  erty  in  invitum  than  the  same  could  be  said 
of  "proceedings  for  the  organization  of  cities 
and  other  municipal  corporations. 

It  is  said,  in  the  next  place,  that  the  district 
was  not  created  by  the  Legislature  itself,  but 
by  or  under  the  supervision  of  a  local  body. 
But  till  municipal  corporations  in  the  State  are 
henceforth  to  'be  created  in  thia  way.  Th^ 
Constitution  provides  that  corporations  for 
municipal  purposes  shall  not  be  created  by 
special  laws,  but  shall  be  organized  under  such 
general  laws  as  the  Legislature  shall  provide. 
(Art.  11,  sec.  6.)  This  necessitates  organiza-  t 
tiou  under  some  kind  of  local  supervision.  And  \- 
the  general  laws  which  the  Legislature  ha?- 
provided  require  that  the  organization  shall 
be  under  the  supervision  of  a  local  body,  much 
in  the  same  way  as  in  the  case  of  an  irrigation 
district.  A  petition,  "which  shall  set  forth  and 
describe  the  proposed  boundaries  of  such  cor 
poration,"  is  to  be  presented  to  the  Board  of 
Supervisors  of  the  county,  which  body  is  to 
deal  with  it  much  in  the  same  manner  as  the 
board  is  to  deal  with  the  petition  for  the  for- 
mation of  au  irrigation  district.  In  fact  the 
phraseology  of  an  irrigation  law  is  so  similar  to 
that  of  a  municipal  corporation  act  aa  to 
make  it  evident  that' the  former  was  modeled 
upon  the  latter.  (See  Laws  1883,  p.'94.)  Hence, 
if  proceedings  for  the  formation  of  irrigation 
districts  are  to  be  strictly  con&trued  because 
they  are  organized  under  the  supervision  of  a 
local  body,  proceedings  for  the  formation  o 
municipal  corporations  must  be  so  construed 
for  the  same  reason.  But  the  consequences  01 
of  wiping  out  municipal  organizations,  per- 
haps after  property  rights  have  grown  up, 
because  of  some  slip  in  the  prelim- 
inary proceeding,  would  be  so  serious 
that  we  cannot  think  that  any  cour, 
|  would  adopt  the  strict  rule  of  con- 
struction which  would  require  it.  It  will  be 
time  enough  to  apply  such  a  rule  when  ques- 
tions as  to  the  extent  of  the  powers  arise.  So 
far  as  proceedings  for  the  organization  are  con- 
cerned., we  think  that  a  reasonably  liberal  rult 
of  construction  should  be  adopted  to  carry  out 
the  wise  purposes  of  the  law. 

In  the  light  of  this  rule  we  proceed  to  exam- 
ine the  various  objections  made: 

First— Several  objections  are  taken  to  the  de- 
scription contained  in  the  petition.  They  are 
based  upon  the  requirement  of  the  second  sec- 
tion of  the  act  that  such  petition  "shall  set  fortu 
and  particularly  describe  the  proposed  bounda- 
ries of  such  districts."  It  is  probable  that  this 
provision  requires  a  description  by  metes  and 
bounds,  for  it  is  "the  boundaries"  v/hich  are  to 
be  described  and  not  merely  the  district.  Bu; 
we  think  that  a  description  by  metes  and 
bounds  which  would  be  sufficient  in  an  ordi- 
nary deed  is  a  compliance  with  the  pro- 
visions. "  The  same  construction  that 
is  given  to  grants  is  given  to  statutes 
which  prescribe  the  boundaries  of  incorpo- 
rated territories."  (Cold  Spring  Iron  Works  vs. 
Tolland,  9  Cush.  496.)  It  has  even  been  held 
that  a  more  liberal  rule  should  be  applied. 
(Hamilton  vs.  McNeil,  13  Gratt.  394.)  But  at 
all  events  a  description  by  metes  and  bound:- 
which  youid  be  good  in  a  deed  is  sufficient  in 
the  petition. 

Now,  the  main  part  in  regard  to  the  descrip- 
tion is  that  it  cannot  be  made  to  close  upon 
itself.  The  learned  counsel  say  that  "the  only 
way  in  which  this  could  be  done  would  be  to 
change  the  distance  '200  feet' in  line  10  ol 
folio  14  to  '  2000  feet,'  and  '  540  feet'  in  line  6 
of  folio  18  to '5400  feet.' "  But  if  this  is  ne- 
cessary, we  think  that  it  can  and  should  be 
done  upon  the  data  furnished  by  the  petition 
itself.  The  first  call  referred  to  is  as  follows: 
"  Thence  south_  34  cleg.,  east  200  feet  to  stake 


203."  For  anythnig it  appears  to  tne  contrary, 
this  stake  is  a  perfectly  plain  monument;  and 
being  so,  it  must  control  the  statement  of  the 
distance.  (Mills  vs.  Lux,  45  Cal.  273;  Penry 
vs.  Richards,  52  Cal.  672.)  If,  therefore,  it  is 
2000  feet  from  the  point  of  departure  the  call 
for  200  must  b«  rejected.  False  calls  may  be 
rejected  and  lines  supplied  by  intendment  in 
the  description  of  the  boundaries  of  a  muni- 
cipal corporation.  (In  re  Inhabitants  of  Ips- 
wich, 13  Pick.  431.)  A  false  call  may  be  re- 
jected even  in  a  tax  deed.  (Bosworth  vs.  Dan- 
zien,  25  Cal.  299.)  The  objection  to  the  call 
for  "  540  feet"  is  to  be  disposed  of  in  a  similar 
way. 

II  is  also  contended  that  the  starting  point 
and  certain  other  calls  in  the  description  are 
too  indefinite.  But  we  cannot  say  from  the 
face  of  the  paper  that  this  is  so.  And  the  evi- 
dence to  explain  and  locate  the  calls  (which 
was  clearly  admissible:  Reamer  vs.  Nesmith, 
34  Cai.,  628)  makes  them  sufficiently  definite. 

Similar  objections  are  made  to  the  descrip- 
tion in  the  order  of  the  board  establishing  the 
boundaries  of  the  district  and  similar  answers 
apply. 

Second — It  is  contended  that  a  proper  bond 
was  not  filed  with  the  petition.  The  provision 
of  the  act  is  that  "the  petitioners  must  accom- 
pany the  petition  with  a  good  and  sufficient 
bond,  to  be  approved  by  the  said  Board  of  Su- 
pervisors, in  double  the  amount  of  the  proba- 
ble cost  of  organizing  such  district,  condi- 
tioned that  the  bondsmen  will  pay  all  said 
costs  in  case  said  organization  shall  not  be  ef- 
fected *  *  *  when  such  petition  is  pre- 
sented, the  said  Board  of  Supervisors  shall 
hear  the  same,"  etc.  (Sec.  2.) 

The  petitioners  presented  and  the  board  ap-  i 
proved  a  bond,  which  is  claimed  to  be  insufti-  j 
cient  in   form.    The  particulars  in  which  it  is 
aaid  to  be  insufficient  are  the  following:    It  is  > 
said,  in  the  nrst  place,  that  the  recital  in  the 
boud  misdescribes  the  petition.    The  petition  ; 
was  signed  by  sixty-four  persons,  among  whom  ; 
were  J.  A.  Button,  James  McDermott,  George  B.  j 
Harden,  George  M.  Sutton  and  P.  E.  Garnett.  i 
The  recital  in  the  bond  is  that,  "whereas,  J.  A. 
Sutton,  James  McDermott,  George  B.  Harden, 
George  M.  Sutton,  P.  E,.  Garnett,  N.  D.  Rideout, 
A.  J.  Tully,  and  others,  their  associate?,  pro- 
pose  to   present    herewith"    a   petition,    etc.  i 
Kideout  and  Tully  did  not  sign  the  petition.  : 
The  argument  is  that  the  petition  filed  does  not 
correspond  to  the  one  referred  to  in  the  bond, 
and  consequently  that  there  was  no  bond  upon 
that  petition.    The  recital,  however,  is  not  a  : 
petition  actually  presented,  but   of   one  pro- 
posed to  be  presented.    The  bond  did,  in  fact, 
accompany  this  petition.    And  we  think  that 
this  circumstance,  coupled  with  the  recital,  is 
sufficient  to  identify  the  document. 

In  the  next  place  it  is  said  that  the  bond  was 
not  conditioned  as  required  by  the  act.  The 
condition  was  that  the  bond  should  be  void  "if 
said  obligors  or  bondsmen  shall  pay  all  the 
costs,"  etc.,  while  the  condition  required  by 
the  statute  is  that  the  bondsmen  shall  pay  the 
costs  "in  case  said  organization  shall  not  be 
effected."  The  difference  is,  therefore,  that 
the  bond  given  provided  that  the  bouasuaen 
should. pay  the  costs  in  any  event,  while  the 
statute  only  requires  that  they  should  pay  in  a 
certain  contingency.  We  think,  however,  that 
the  bond  may  fairly  be  said  to  include  the  pro- 
vision required  by  the  statute,  and  that  it  is 
not  vitiated  by  including  a  something  that  was 
not  required.  And  the  use  of  the  singular 
number  in  the  phrase  ''if  said  obligor  or  bonds- 
man shall  pay."  etc.,  is  unimportant. 

But  at  must  the  bond  was  defective  merely. 
And,  if  it  be  assumed  for  the  purposes  of  tne 
case  that  the  giving  of  a  bond  was  juribdic- 
tional,  we  think  that  tlie  bojird  had  power  to 
ailow  anew  one  to  be  given  before  taking  ac- 
tion on  the  petition.  The  petition  was  pre- 
sented, pursuant  to  notice,  on  October  10th; 
aud  \vhcn  the  matter  came  up  on  that  day  tlu 
board  made  au  order  allowing  a  new  bond  to 
be  Hied  and  continuing  the  hearing  until  a 
future  clay.  A  bond  free  from  objection  was 


filed  r,  <;  n  proceeded  with  the 

hcarii!Lf.  We  think  that  this  course 
the  power  of  the  beard.  Xo  time  is  fix 
the  presentation  of  a  petition.  It  is  to  b 
sented  at  n,  regular  meeting  pursuant  to  no- 
tice. And  tha  bond  "must  accompany  the 
petitition."  Neither  the  petition  nor  the 
bond  need  be  filed  before  the  petition 
is  presented;  find  the  hearing  and 
the  action  of  the  board  in  the  mait  -r 
may  be  at  the  same  meeting,  although  power  is 
expressly  given  to  adjourn  lor  a  certain  time. 
It  is  sufficient,  therefore,  if  the  bond  be  given 
on  the  day  of  tho  hen  ring;.  And  we  think  it 
clear  that  there  was  power  to  adjourn  the  hear- 
ing so  as  to  allow  a  proper  bond  to  ba  filed. 
Such  a  bond  may  be  said  to  "accompany"  the 
petition  in  tha  sense  of  Uie  statute.  Even  in  the 
case  of  an  appeal  bond  it  is  held,  prior  to  the 
enactment  of  any  statute  on.  the  subject,  that 
where  a  bond  had  been  given  which  was  de- 
fective merely,  the  defects  could  be  cured  by 
giving  a  new  bond  in  the  Supreme  Court.  (See 
rases  in  llayne  on  New  Trial  and  Appeal, 
p.  651.; 

Third— It  is  objected  that  the  petition  was 
not  presented  at  a  lawful  meeting  of  the 
board.  The  act  provides  that  the  petition 
"shall  be  presented  at  n.  regular  meeting  of  said 
board."  A  similar  provision  is  in  the  Munici- 
pal Corporation  act.  (Laws  1883,  p.  94.)  In 
relation  to  meetings  of  Boards  of  Supervisors, 
the  County  Government  act  has  the  following: 
"The  Board  of  Supervisors  must,  by  ordinance, 
provide  for  the  holding  of  regular  meetings 
of  the  board  at  their  respective  county 
seats."  In  pursuance  of  this  provision, 
the  board,  on  April  11,  1885,  passed 
an  ordinance  fixing  the  times  for  its  regu- 
lar meetings.  Meetings  were  held  uuder 
this  ordinance  for  nearly  two  years  and  up  to 
and  including  the  presentation  of  the  petition. 
Tne  objections  made  go  back  to  the  validity  ot 
this  ordinance.  It  is  said  that  it  was  not  prop- 
erly recorded  in  the  Ordinance  Book,  but  its 
recording  in  that  book  has  been  held  to  be  not 
essential  to  its  validity.  (People  vs.  Cole,  70 
Cal..  60.)  It  is  further  said  that  the  vote 
of  one  of  the  Supervisors  was  not  shown 
by  the  entry  in  the  minutes  or  by  publica- 
tion. But  the  meetings  were  held  under  this 
ordinance  for  a  long  period  as  and  for 
regular  meetings,  and  they  were  the  only 
meetingss  of  the  kind  which  were  held. 
And  we  do  not  think  that  the  question  of  then 
regularity  can  have  any  such  far-reaching  and 
collateral  effect  as  to 'render  abortive  all  the 
public  business  that  has  been  transacted  dur 
ing  a  series  of  years. 

Fourth— It  is  contended  that  the  petition 
was  not  .published.  The  objections  in  this 
regard  are  founded  on  slight  mistakes  in  the 
spelling  of  some  of  the  names,  which  are  en- 
tirely unimportant,  and  of  certain  defects  in 
the  description,  which  are  disposed  of  by  what 
is  said  under  the  first  head. 

Fifth— It  is  urged  that  the  board  had  no 
power  to  modify  the  boundaries  of  the  pro- 
posed district  in  the  way  it  did.  What  the 
board  did  was  in  the  first  place  to  include  in 
the  district  certain  lands  not  included  by  the 
petition,  upon  the  verbal  request  of  the  owners, 
and,  in  the  second  place,  to  exclude  from  the 
district  certain  lands  included  by  the  petition. 
The  provision  of  the  act  under  which  Lhis  was , 
done  is  as  follows: 

"  The  said  board,  on  the  final  hearing,  may 
make  sucli  chantes  in  the  proposed  boundaries 
as  they  may  find  to  be  proper,  mid  shall  estab- 
lish and  define  such  boundaries;  provided  that 
said  board  shall  not  modify  such  boundaries  so 
as  to  except  Iroin  the  operation  of  this  act  any 
territory  within  the  boundaries  of  the  district 
proposed  by  said  petitioners  which  is  suscept- 
ible ot  irrigation  by  the  same  system  of  works 
applicable  to  thp  other  lauds;  in  such  organized ; 
district;  nor  shall  any  lands  which  will  not,  in: 
the  judgment  of  said  board,  be  benefited  by , 
irrigation  by  said  system  be  included  within) 
such  district;  provided  that  any  person  whose, 
lands  are  susceptible  of  irrigation  frornthej 
same  source  shall,  upon  application  of  thoi 
owner  to  said  board,  be  entitled  to  have  such 
lands  included  hi  said  district."  (Sec.  2.) 

(a)  The  objection  to  th  •  inclusion  of  lands 
not  embraced  In  the  petition  is  that  the  appn-f 


canon  ",ncn  is  admitted  to   nave  i 

been  made)  was  m  t  in  writing.  But  although  '. 
it  would  be  more  satisfactory  and  prudent  to 
make  such  applications  in  writing,  we  set- 
nothing  in  the  act  which  requires  a  writing; 
and  we  do  not  think  that  the  court  is  author- 
ized tosuperadd  such  a  requirement. 

(b)  The  objection  to  the  exclusion  of  lands 
from  the  proposed  boundaries  is  based  upon 
[he  proviso  that  "  said  board  shall  not  modify 
such  boundaries  so  as  to  except  from  the  oper- 
ation of  this  act  any  territory  within  the 
boundaries  of  the  district  proposed  by  said  pe- 
titioners which  is  susceptible  of  irrigation  by 
the  same  system  of  works  applicable  to  the 
other  lands  in  such  organized  districts."  The 
appellants  offered  evidence  to  show  that  the 
excluded  lands  were  in  fact  susceptible  of  irri- 
gation by  the  same  system  of  works  as  the 
other  lands;  and  such  evidence  was  excluded, 
on  the  ground  that  the  judgment  of  the  board 
as  to  the  matter  was  final.  We  think  that  this 
ruling  was  right.  It  is  to  be  observed  that  no 
power  is  given  to  the  board  to  include  lauds 
which  are  not  included  by  the  petition,  except 
upon  request  of  the  owners.  And  with  refer- 
ence to  excluded  lands,  it  is  possible  (although 
we  express  no  opinion  upon  the  point)  that 
the  owners  could,  upon  request  and  a 
proper  showing  in  some  appropriate  proceed- 
ing, have  their  lands  reiucluded.  But,  so  far 
as  the  validity  of  the  organization  of  the  dis- 
trict is  concerned,  we  think  that  the  judgment 
of  the  board  cannot  be  contradicted  as  is  at- 
tempted here.  It  is  clear  that  this  would  be  so 
in  the  absence  of  the  proviso  quoted.  (People 
vs.  Hager,  66  CaL  60;  People  vs.  Riverside,  70 
Cal.  4G1.)  And,  from  the  nature  of  the  ques- 
tion, we  think  that  the  proviso  muat  be  con- 
sidered merely  as  a  rule  for  the  guidance  of  the 
ooard;  and  tnat,  so  far  as  the  validity  of  the 
district  is  concerned,  their  decision  is  as  con- 
clusive as  if  the  proviso  had  not  been  inserted. 

It  is  objected  to  this  view,  however,  that  the 
records  simply  show  what  the  action  of  the 
board  was,  and  do  not  show  the  grounds  or 
reasons  upon  which  such  actions  proceeded; 
or,  as  counsel  out  it,  that  there  was  any  decis- 
ion of  the  board  upon  the  question  of  the  ap- 
plication of  the  system  of  works  to  the  excluded 
lands.  But  the  order  fixing  and  establishing 
certain  boundaries,  excluding  certain  oi  the 
landa  included  by  the  petition,  is  certainly  a 
decision  as  to  where  the  boundaries  shall  be; 
and  there  is  nothing  in  the  act  which  requires 
the  board  to  state  why  it  fixes  the  boundaries 
in  any  particular  place.  And  we  think  that  it 
may  be  safely  laid  down  as  a  general  proposi- 
tion that  the  reasons  or  grounds  of  the  action 
jf  any  tribunal  or  body,  whether  legislative  or 
judicial,  need  not  be  stated  unless  the  law  ex- 
pressly so  requires.  It  is  to  be  observed  that 
there  is  a  clear  distinction  between  cases  of  the 
statement  of  the  reasons  or  grounds  of  the 
action  which  a  tribunal  is  authorized  to  take,  | 
and  cases  where  the  power  to  act  depends  upon 
the  existence  of  antecedent  conditions.  We 
think  that  this  case  belongs  to  the  former  class. 

Sixth— It  is  objected  that  the  proclamation 
for  the  election  on  the  question  of  the  organi- 
zation of  the  district  was  not  published  as  re- 
quired by  the  act.  Tne  objection  is  based 
partly  on  small  inaccuracies  in  tne  description, 
which  have  been  already  considered,  partly  on 
unimportant  mistakes  in  the  spelling  of 
nani-js,  and  partly  on  the  alleged  ground  that 
the  proclamation  was  not  puoiished  for  "three 
weeks  prior  to  the  election."  These  words,  we 
thiuk,  simply  indicate  the  time  during  which 
the  notice  is  to  be  published,  and  not  Uie  man- 
ner of  the  publication.  (In  re.  Cunningham, 
73  Cal.  558,  559.)  And  nothing  being  said 
about  the  number  of  publications,  we  think 
that  this  matter  was  left  to  the  discretion  of 
the  board.  Tne  board  ordered  that  the  publi- 
cation be  made  in  a  weekly  newspaper  "as 
often  (or  for  four  insertions)  as  the  same  may 
be  published,  between  this  date  and  the  said 
day  of  election."  This  order  was  made  on  Oc- 
tober 28th.  The  election  was  on  November 
22d,  and  the  proclamation  was  published  on 
October  29th,  and  on  the  5th.  12th  and  19th  i 
of  November.  This,  we  think,  was  sufficient. 

Seventh — It  is  waid  that  the  voting  precincts 
were  established  less  than  tnirty  days  before 
the  election.  The  Irrigation  act  does  not  say 


in  terms  when  tne  voting  precincts  shall  be 
established.  It  says,  however,  that  "such 
election  shall  be  conducted  in  accordance  with 
thu  general  election  laws  of  the  State."  And 
by  the  general  election  laws  the  voting  pre- 
cincts must  not  by  established  less  than  thirty 
days  before  the  election. 

We  are  inclined  to  question  whether  the 
"conducting"  of  an  election  necessarily  in-  ; 
eludes  something  which  cannot  take  place 
within  thirty  days  before  the  election  day. 
But,  assuming  that  it  does,  the  evident  mean- 
ing is  that  the  election  shall  be  conducted  in 
accordance  with  the  general  lawt,  except  as 
otherwise  provided  in  the  act  itself.  The  act 
I  provides  that  "for  the  purpose  of  the  election 
!  above  provided  for  the  said  Board  of  Super-  i 
visors  must  establish  a  convenient  number  of 
ek'Ciion  precincts  in  said  proposed  district, 
and.  de/ine  the  boundaries  thereof,  which  said 
precincts  may  thereafter  be  changed  by  the 
board  of  directors  of  such  district."  (Sec.  8.) 
This  provision  does  not  say  when  the 
precincts  are  to  be  established.  But  we 
think  it  cannot  be  the  meaning  that 
the  board  is  to  establish  them  thirty  days  be- 
iore  the  election.  For  the  notice  of  election  is 
to  be,  or  at  least  may  be,  given  at  the  time  the 
order  establishing  the  boundaries  of  the  dis- 
trict is  inade  (Sec.  3);  and  ouly  three  weeks' 
publication  of  the  same  is  required.  Hence, 
the  election  may  take  place  within  less  than 
thirty  days  from  the  time  when  it  is  first 
known  where  the  boundaries  of  ino  district 
are  to  be.  Consequently,  the  argument  rnada 
would  require  the  voting  precincts  to  be  estab- 
lished belorelit  was  known  where  the  district  was 
to  be  or  what  it  was  to  include.  No  such  ab- 
surd construction  will  be  adopted.  The  time 
for  the  establishment  of  the  precincts  seems  to 
be  left  to  the 'discretion  of  the  board.  They 
were  established  by  the  election  proclamation, 
which  was  published  for  at  least  three  weeks, 
aiid  this  we  think  was  sufficient. 

Eighth— It  was  finally  objected  that  the  bonds 
wero  not  in  proper  form.  The  provision  of  the 
act  is  as  follows: 

"Said  ban-la  shall  be  payable  in  gold  coin  of 
the  Lfuited  States,  i  a  installments,  as  follows, 
to  wit:  At  the  expiration  of  eleven  yeur.s,  not 
less  than  5  per  cent  of  said  bonds;  at  the 
expiration  of  twelve  years,  not  lews  than 
5  per  cent;  at  the  expiration  of  thir- 
teen years,  not  less  than  7  per  cent;  at  the  ex- 
piration 01  fourteen  years,  not  less  than  8  per 
oenfc;  at  the  expiration  «c  fifteen  years,  not 
Ijsji  than  'J  per  cent;  at  ihe  expiration  of  six- 
teen years,  not  less  th.au  10  per  cent;  at  the 
expiration  of  seventeen  years,  not  less  than  11 
per  cent;  at  the  expiration  of  eighteen  years, 
not  less  than  ly  per  cent;  at  the  expiration  of 
nineteen  years,  not  less  than  15  per  cent,  and 
for  the  twentieth  year  a  percentage  sufficient 
to  pay  off  said  bonds."  (Sec.  15.) 

The  bonds  here  involved  were  drawn  so  as  to 
make  each  one  payable  in  instaihneiit. -.. 
»  the  objection  is  that  a  proper  construction  of 
!  the   act    requires    that    a    certain  number  of 
bonds  should    be    payable   in  eleven  years,  a 
I  further  number  in  twelve  years,  and  so  on.    We 
!  think,  however,  that  tho  bonds  were  in   proper 
;  form.     The  phrase  "A  bond  payable  in  install- 
'  ments"  is  clear,  and  can  only  mean  one   thing. 
Is  the  meaning  changed  by  putting  _rl  in  the 
plural  and  making  it  "bonds  payable  in  install: 
,  uients"?    But  there  are  othe.r  provisions  of  the 
;  act  which  make  the  intention  clear.      The  six- 
teenth section    provides  "that  tho  board  may 
sell    said    bonds    from    time  to  time  in  such 
quantities  as  may  be  necessary  and  most  ad- 
vantageous,"  etc.    It  may   happen,  therefore, 
that  only  a  portion  of  the  bonds  ara  so!<< 
for  illustration,  we  will  suppose  that  the  bonds 
wero    issued    on    appellant's  theory  aiv. 
only  those  payable  at  the  end  of  eleven   years 
arc   sold.    In    such  case  the  only  bonds  out- 
standing  would    be  ihe    eleven-year     bonds; 
for     a     bond     which     has    not    been    sold, 
or,    in    other     words,     not     is-sueri,     cannot 
be   said   to    be    "outstanding."      The   whole 
amount  of  the  principal  of  such  bonds  would 
be  due  and  payable  at  the  end  of  cloven 
How   would   it   ba  paid  ?    The  twenty-second 
section  provides,  in  substance,  that  at  the  ex- 
piration of  the  tenth  year  the  board  of  direct- 
ors shall  inn.  the    follow- 


ing percentii 

amount  of  bonds  then  outstanding,  to  \vi 
the  eleventh  year,  5  per  cent,"  etc.  This  i.s  the 
only  provision  for  raising  money  to  pay  the 
principal  of  said  bonds.  It  would  therefore 
result,  upon  the  appellant's  theory,  that,  al- 
though the  whole  amount  i.f  the  principal  of 
the  eleven-year  bonds  would  be  due  and  pay- 
able, only  5  per  cent  thereof  could  bs  paid. 
And  similar  results  would  follow  as  to  the 
others;  while,  as  the  bonds  were  drawn,  5  per 
cent  of  the  whole  amount  of  the  principal  of 
the  bonds  "  then  out-standing"  would  be  suffi- 
cient to  pay  off'  each  installment  of  tho  princi- 
pal as  it  became  due.  It  may  be  that  the 
Legislature  supposed  that'  there  was  a  good 
reason  for  making  each  bond  run  in  part  for 
he  whole  twenty  years. 

As  is  well  known,  a  bond  for  a  long  term  is 
more  salable  (other  things  being  equal)  than  a 
bond  for  a  short  term.  And  the  object  may 
have  been  to  help  the  sale  of  the  short  bonds 
by  incorporating  them  with  the  long  ones. 
However  this  may  be,  we  think  that  the  inten- 
tion to  have  the  bonus  drawn  as  the  respondent 
has  drawn  them  is  sufficiently  expressed. 

The  other  matters  do  not  require  special 
notice.  We  therefore  advise  the  judgment  ap- 
pealed from  be  affirmed. 

Foote,  C.,  concurring. 

Belcher,  C.  C.,  being  disqualified,  took  no 
part  in  this  decision. 

The  Court:  For  the  reasons  given  in  the  fore- 
going opinion,  the  judgment  is  affirmed. 

[No.  14038.] 

HENRY  J.  CKALL,  APPELLANT,  VS.  BOARD  OF 
DIRECTORS  OF  THE  POSO  IliliiGATION  DISTRICT,. 
RESPONDENT. 

[Filed  December  15,  1890.    87  Cal.] 
Irrigation  IHs»ictis.—A.ci  of  March  7,  1887,  provid- 
ing for  organ izatlou  and  government  of  irriga- 
tidn  districts  >s  constitutional. 
Irri<jntion  Districts  formed  under  Act  of  March  7, 

1887.  are  public  corporations. 

Notice  by  Publication  or  posting  of  petition  lor  con- 
firmation of  the  proceedings  of  the  board  of  di- 
rectors of  an  Irrigat  on  district  i.s  sufil'cient  to 
give  ihe  court  jurisdiction,  and  jvTsmi.il  notice 
to  members  of  the  district  is  unnecessary. 
Judgment  of  Confirmation  of  the  proceedings  of 
board  of  directors  of  an  irrigation  district,  based 
unon  a  notice  by  publication  of  a  petition  .tor 
confirmation,  is  conclusive  and  binding  upon 
members  of  the  district  uni  nil  the  world  until 
reversed  on  appeal  or  set  aside  in  some  direct 
proceeding  instituted  for  that  purple. 
Appeal  from  a  judgment  of  the  Superior 
Court  of  Stanislaus  county. 

The  facts  necessary  to  an  understanding  of 
the  case  are  so  clearly  stated  in  the  opinion  of 
the  Court  that  any  further  recital  of  them  is 
unnecessary. 

L.  J.  Maddux,  for  the  appellant,  contended: 
First — That  the  demurrer  to  the  answer 
should  have  been,  sustained;  that  a  judgment 
of  confirmation  did  not  bar  one  who  did  not 
appear  therein;  that  the  r>laintifF  was  entitled 
to  attack  the  petition  of  the  Board  of  Super- 
visors for  the  organization  of  the  district;  that 
a  proper  petition  was  essential  to  jurisdiction. 
(Mulligan  vs.  Smith,  59  Cal.  20f>;  Liebman  vs. 
The  City,  11  Sawyer,  147;  Ziegler  vs.  Hopkins, 
117  U.  S.  683.) 

Second— Tli  at  the  plaintiff  was  not  served 
with  process  in  the  continuation,  did  not  have, 
due  process  of  law.  The  only  notice  plaintiff 
had.  was  the  publication  in  the  p*per;  that  a 
personal  notice  was  essential.  (Pennoyer  vs. 
Neff,  95  U.  S.  714;  Stuart  vs.  Palmer,  74  N.  Y. 
191;  Taylor  vs.  Porter,  4  Hill,  140;  Westwelt 
vs.  Gregg,  2  Kern,  209;  Powell's  Appeal,  29 
Mich.  37(3;  State  vs.  Fond  du  Lac,  42  Wis.  '29  *.) 
Wright  &  Hazen  and  A.  L.  Rhodes,  for  thu  re- 
spondent, argued: 

First— That  the  court  had  jurisdiction  of  the 
subject-matter  of  the  special  proceeding;  that 
the  Legislature  could  grant  and  the  Superior 
Court  could  exercise  Jurisdiction  in  this  pro- 
ceeding of  all  the  matters  expressly  granted  to 
it  by  the  confirmation  act.  (Lent  vs.  Tillson, 
72  Cal.  404). 

Second— That  the  court  acquired  jurisdiction 
of  the  plaintiff' in  this  case;  that  notice  maybe 
given  by   publication   and   posting,    and  the 
court  acquires  jurisdiction.  «o  as  to  be  a 
adjudge  that  the  proceed  in; 
valid.     (Davidson 


!  104;  Riley  vs.  Lancaster,  317  (JaJ.  ijo4;'  „ 

|  Foote,  39  Cal.  440;    Mayo  vs.   Falev,  40  Cal 

1  282;  State  vs.  McGlynn,  20  Cal.  233;"  Irwin  vs 

Scriber,  18  Cal.  499;    Boyd  vs.  Blankmann,  29 

Cal.  19;    HallecJc  vs.  Moss.  22  Cal.  2(56;  People 

vs.  Ha<jer,  52  Cal.  171;    Barrett  vs.  Carney,  33 

<  Cal.  536;    Friedlander  vs.  Loucks,  34  Cal.  23.) 

Third— That  tne  judgment  iu  the  special  pro- 
ceedings is  final  and  conclusive  against  all 
persons  interested  in  the  district  or  its  bonds 
(Lent,  vs.  Tillson,  72  Cal.  404;  San  Francisco 
vs.  Certain  Real  Estate,  42  Cal.  519). 

By  Belcher,  C.  C.:  An  irrigation  district, 
known  as  the  Poso  irrigation  district,  was  or- 
ganized by  the  Board  of  Supervisors  of  Kern 
county,  uuder  the  act  passed  by  the  Legisla- 
ture of  this  State  and  commonly  called  the 
1  Wright  Act.  (Stats.  1887,  p.  29.)  A  board  of 
i  directors  for  the  district  was  elected,  and  the 
members  qualified  and  entered  upon  the  dis- 
charge of  their  duties.  In  performance  of  the 
duties  prescribed  by  the  act,  the  board  esti- 
mated and  determined  that  the  amount  of 
$500,000  was  necessary  to  be  raised  for  the 
purpose  of  constructing  necessary  irrigating 
canals  and  works,  and  acquiring  the  necessary 
property  and  rights  therefor,  and  otherwise 
carrying  out  the  provisions  of  the  act.  There- 
upon the  board  called  a  special  election,  to  be 
held  on  a  date  named,  at  which  was  submitted 
to  the  qualified  electors  of  the  district  the  ques- 
tion whether  or  not  the  bonds  of  the  district 
should  be  issued  in  the  amount  so  determined. 
Notice  of  the  election  was  given  and  published 
in  the  manner  and  for  the  time  prescribed  by 
the  act,  and  the  election  was  held  pursuant  to 
the  call.  When  the  returns  of  the  election 
were  canvassed  it  was  found  and  determined 
that  a  majority  of  the  votes  cast  were  in  favor 
of  the  issuance  of  the  bonds,  and  thereupon 
the  board  ordered  that  bonds  of  the  district,  to 
the  amount  of  $500,000,  be  immediately  pre- 
pared and  issued  in  the  manner  and  form  pro- 
vided by  the  act.  Subsequently  the  board  made 
another  order,  tnat  the  bonds, 'to  the  amount  of 
$200,000,  be  offered  for  sale. 

All  of  the  foregoing  proceedings  were  appar- 
ently regular,  and  in  compliance  with  the  pro- 
visions of  the  Wright  act. 

After  the  entry  of  the  order  for  the  sale  oithe 
bonds,  the  board  of  directors,  under  the  act 
supplemental  to  the  Wright  act,  "and  to  pro- 
vide for  the  examination,  approval  and  con- 
firmation of  proceedings  for  the  issue  and  sale 
of  bonds  issued  uuder"  the  provisions  of  said 
act"  (Stats.  1869,  p.  212),  commenced  a  special 
proceeding  in  the  Superior  Court  of  Kern 
county  for  the  purpose  of  having  all  the  pro- 
ceedings for  the  organization  of  the  district 
and  the  issue  of  the  bonds  judicially  exam- 
ined, approved  and  confirmed.  A  petition  for 
confirmation,  in  due  form,  was  filed,  and  there- 
upon the  court  fixed  a  day  for  the  heariug  of 
the  petition,  and  ordered  notice  to  be  given 
and  published  for  the  time  and  in  the  manner 
prescribed  by  the  act;  and  in  pursuance  of  this 
order  notice  in  proper  form  was  duly  given  and 
published. 

At  the  time  appointed  the  matter  was  heard 
upon  oral  and  documentary  evidence,  and 
thereafter  the  court  filed  its  findings  of  fact 
and  conclusions  of  law  and  entered  its  judg- 
ment, approving  and  confirming  all  of  the 
proceedings  for  the  organization  of  the  district 
and  for  the  issue  of  bonds;  and  it  "further 
ordered,  adjudged  and  decreed  that  the  said 
Poso  irrigation  district,  ever  since  its  organiza- 
tion as  aforesaid,  has  been  ana  now  is  a  duly 
and  legally  organized  irrigation  district,  and 
that  it  possesses  full  power  and  authority  to 
issue  and  sell  from  time  to  time  the  bonds  of 
said  district  to  tho  amount  of  $500,000." 

The  plaintiff  herein  did  not  appear  in  the 

confirmation  proceedings,  but  after  the  entry 

of  the  judgment  of  confirmation  he  commenced 

this  action  to  obtain  a  decree  enjoining  tho 

i  sale  of  the  bonds. 

!     For  the  purpose  of  showing  that  the  plaintiff 
«  is  a  proper  party  to  bring  the  auction,  the  com- 
plaint alleges  that  he  is  the  owner  of  lands 
within  tiv  chatthev   will  v»c   sub 

j.ict  to   assc.'S.snr.'m   v>   rai-e   money  to  y. 
mid  no  so;  . 

>\v  th.it  tuer< 
in  for;  •  organization  of  the  district 


Ifinra  un  appsuvut  co 
j!  visions  of  the  statin 
i  proceeds  to  alicg'.i  that  the    I 
!  has   no   power   to    issue   or   sell    me 
ij  bacauso: 

First — Ths  petition  which  "ted  to 

j~  the  Board  of  Supervisors  for  iiaatlnii 

;    of  the  district  was  not,  in  tr  i  by  fift- 

ij  freeholders,    nor    by    a    ma;  .;   fro '- 

•    holders  then  or  at  nuy  time  owningland  within 
!   the  proposed  district,  and  that  not  mor  • 
,    thirty  of  the  persons  whose  namas  pun 
j    have  been    signed  to  the  petition  ever  wen  ' 
j    freeholders  within  the  district. 

Second— The   notice  of  the  time   and  place. 
i    when  an, I  w  etiou  for  the   org^nizv  ' 

tion  of  the  district   vrould  be  held  was  not  iu  ' 
fact  published  for  tae  full  period  urvjscnbed  bv 
lav/. 

Third— The  lands  of  plaintiff  wero  not  sus- 
ceptible of  irrigation  by  r.lv>.  sam  • 
i  works  applicable  to  the  other  lands  of  the  dis- 
trict, and  they  would  not  be   benefited  bv  irri- 
gation thereby. 

Fourth— The  notice  of  the  special  election 
upon  tho  question  whether  bonds  should  be 
issued  was  not  published  nor  posted  for  the 
full  period  prescribed  by  law. 

Fifth— The    Board    of    Directors    wrongfullv 
and  unlawfully  estimated  and  determined  tha!  ; 
it  was  necessary  to  raise  $500,000  for  the.  pur-  j 
posea  of  the  district  when  in  fact  it  was  neces-  j 
sary  to  raise  only  $200,000  for  those  purpose.  ' 
The   answer    of  the    defendant   sets  up  Uv    I 
judgment  of  confirmation  in  ba>'  of  the  action    ' 
and'  is,   iu   effect,    that  the  matters  of  irresru:  '• 
larity   and   illegality   stated   in  the  complaint  ' 
were  conclusively  determined   bv   that   judg-  ' 
rnent.    To  tho  answer  the  plaintiff  filed  a  geh- 
erai  demurrer,  and  thereupon,  the  vital  ques- 
tion  in    the    casa  being  whether  Tho  plaintiff 
was  estopped  by  the  judgment  or  confirmation, 
the   parties    stipulated    that    final    judgment  > 
snould  be  rendered  in  accordance  with  the  de- 
cision   upon   the    demurrer.    The  court  over- 
ruled the  demurrer  and  rendered  judgment  for 
the   defendant.      From     that     judgment    the 
plaintiff  appeals. 

There  can  no  longer  be  any  question  that  the 
Wright  act  is  constitutional,  a.nd  that  irriga- 
tion districts  organized  under  its  provisions, 
like  reclamation  districts,  are  public  corpora- 
tions. (Turloek  Irrigation  District  vs  Will-  ' 
tefV»  76  Cal.  3«0;  Central  Irrigation 
District  vs.  De  Lappe,  79  Cal  351.) 
The  districts  are  authorized  to  con- 
struct irrigation  works,  and  to  that  end  to 
issue  bonds  bearing  interest  at  the  rate  of  0 
per  cent  per  annum,  the  interest  payable  semi- 
annually  and  the  principal  in  installments  ex- 
tending over  twenty  years.  These  bonds  are.  ; 
from  time  to  tirne,  to  be  offered  for  sal?,  and  to 
be  sola  to  the  highest  responsible,  bidder,  pro-  ' 
Video  that  not  less  than  90  per  cent  of  their 
face  value  shall  be  accepted.  And  they  are  to 
be  paid,  interest  and  principal,  by  revenue  de- 
rived irom  an  annual  assessment  u Don  the  real 
property  of  the  district. 

It  is  a  matter  of  every  day  observation  that 
bonds  bearing  such  a  rate  of  interest,  and  about 
whose  validity  and  payment  at  maturity  there 
is  no-question,  can  be  readily  sold  for  consider- 
able inoie  than  their  face  value,  while  bond- 
which  are  liable  to  be  assailed  and  questioned 
years  alter  their  issue  by  any  one  who  is  re- 
quired to  contribute  to  their  payment,  are  re- 
luctantly taken  at  any  price.  It  was  doubtless 
for  the  purpose  of  settling  all  these  matters  in 
advance,  and  thereby  making  the  bonds  of  irri- 
gation districts  more  readily  salable,  and  at 
better  prices  than  they  would  otherwise  com- 
mand, that  the  Legislature  passed  the  Con- 
firmation act,  providing  that  the  "  district 
might,  before  offering  any  of  their  bonds  for 
ale,  have  all  questions  affecting  their  validity 
judicially  and  finally  determined. 

Tjhe  confirmation  proceeding  is  denominated 
m  the  act  a  special  proceeding,  and  it  is  clearly 
in  tho  nature  of  a  proceeding  in  rein,  the  object 
being  to  determine  the  status  of  the  district 
and  its  power  to  issue  valid  bonds.  The  fifth 
section  of  ths  act  is  as  follows: 

"Upon  the  hearing  of  such  special  proceed- 
ing the  court  shall  have  power  and  jurisdiction 


liclity  of,  and  approve  and  confirm,  cacn  and 
all  of  the  proceedings  for  the  organization  of 
said  diatrlcl  under  the  provisions  of  the  said 
net  (Wright  act),  from  and  including  the  peti- 
tion for  the  organization  of  the  district,  and  all 
other  proceedings  which  may  affect  the  legality  i 
or  validity  of  said  bonds,  and  the  order  for  the 
sale,  and  the  sale  thereof."  (Stats.  1889,  p.  212.)  ! 

That  the  Legislature  had  power  to  pass  an 
act  to  accompli  ui  uie  purposes  Intended  ; 
by  this  act  cannot  bj  questioned.  Nor  is  it  ore- 
tended  that  the  appellant  did  not  have  notice 
of  the  confirmation  "proceedings,  or  that  lie  v/us 
in  any  way  or  for  any  reason  prevented  from 
appearing  therein  and  raising  all  the  objec- 
tions which  he  now  seeks  to  raise.  The  con- 
tention is  simply  that  no  process,  issued  in 
those  proceedings,  was  served  on  him  person- 


:;m  tins  oiata  is  concerned),  just 
what  the  judgment  declares  it  to  be."  (See, 
also,  iu  matter  of  the  will  of  Warfleki,  22  Gal, 
51;  Rogers  vs.  King,  22  Cal.  72;  Halieek  vs. 
Moss,  22  Cal.  206;  Irwin  vs.  Sariber,  Id  Cal. 
500. 

So  m  an  action  brought  against  the  land  and 
all  owners  and  claimants,  known  and  un- 
known, to  recover  a  street  assessment,  it  has 
been  held  that  constructive  service  of  process 
may  be  rumciunt  to  authorize  the  court  to  ren- 
der a  judgment  which  is  conclusive  and  bind- 
ing uyou  all  the  world,  until  reversed  on  ap- 
peal or  set  aside  by  some  direct  proceeding 
brought  for  that  purpose.  (Mayo  vs.  Ah  Loy, 
32  Cal.  477;  People  vs.  Doe,  G.  1034,  36  Cai 
220;  Eitel  vs.  Foote,  39  Cal.  439.) 

Bo,  too,  iii  insolvency  proceedings,  it  has  been 
held  that  notice  by  publication  is  sufficient  to 


ally,  and  hence  that  he  was  not  obliged  to  ap-  (  give  the  court  jurisdiction  over  the  subject, 
pi-ar,  and  his  rights  arc  not  barred  by  the  judg-  ;  matter  and  the  parties.  (Bennett  vs.  His  Cred- 
ment,  but  he  is  at  liberty  now  to  make  "any  at-  itors,  22  Cul.  oo;  Friedlauder  vs.  Loucks,  34 
tack  upon  the  proceedings  for  the  issue  of  Cal.  18;  Arnold  vs.  Kahn,  (37  Cai.  472.) 
bonds,  including  the  proceedings  for  the  or- 
gauizatioti  of  the  district,  that  he  could  have 
mp.de  had  there  been  no  judgment  of  confirm  a 


Many  other  analogous  cases  might  bo  cited, 
but  we  think  the  above  sutlieieiit. 

The  decision  in  Mulligan  vs.  Smith,  59  Cai. 

tion."  To  hold  otherwise,  it  is  claimed,  would  ;  20u,  cited  by  appellant,  is  not  iu  conflict  with 
have  the  effect  of  depriving  him  of  his  property  '  what  has  been  said.  That  case  was  ejectment 
without  due  process  '  of  law.  .  |  to  recover  possession  of  a  lot  of  laud,  which 

It  will  be  observed  that  the  question  Is  not 
Whether  the  valuation  of  the  land  for  the  pur- 
poses of  assessment  can  be  made  and  definitely 
fixed  without  further  notice  to  the  land  owner, 


nor  whether  the  assessment  can  be  collected 
without  further  notice;  but  it  is  simply 
whether  the  notice,  by  publication  and  posting 
was  sufficient  to  give  the  court  jurisdiction  to 
determine  that  the  proceedings  taken  for  the 
organization  and  on  behalf  of  the  district 
were  such  as  will  enable  the  district  to  create  a 
valid  debt  to  be  paid  by  the  levy  of  assess- 
ments in  the  manner  provided  by  the  Wri:jht 
act. 

la  our  opinion  the  contention  of  appellant 
cannot  be  sustained.  Ii  was  not  necessary,  w« 
think,  that  personal  service  be  made  upon  all 
or  any  of  the  landowners  of  the  district  in  or- 
der to  give  the  court  jurisdiction  and  power  to 
render  a  judgment,  valid  and  binding  as 
against  them  and  all  the  world,  upon  all  the 
questions  involved  in  the  case.  And  this  view 
seems  to  be  well  supported  by  tho  authorities. 

In  Pennoyer  vs.  Neff,  95  U.  S.  727,  a  cas-5 
largely  relied  on  by  appellant,  the  Supreme 
Court  of  the  United  States  held  that  where  the 
entire  object  of  the  action  is  to  determine  the 
personal  rights  and  obligations  of  the  defend- 
ants, that  is,  where  the  suit  is  merely  in  per- 
tonarn,  constructive  service  by  publication 
upon  a  non-resident  of  the  State  is  sufficient 
for  any  purpose,  and  at  the  same  time  declared 
that  "such  service  may  answer  in  all  actions 
which  are  substantially  proceedings  in  rem." 

In  this  State,  constructive  notice,  given  in 
such  a  way  as  is  provided  by  statute,  of  pro- 


been sold  to  pay  an  assessment  under   th 
Xfon  tgom^rr-avenue    act.     The    act      requireu  j 
by  a  majority  of  the 
the 


that  a  petition,  signed 

owners  in  frontage  of  the  property  to  bt 
charged  with  the  costs  of  the  improvement,  be 
presented  to  the  Mayor;  that  a  bosird  of  public 
works  be  then  organized,  and  that  it  make  a 
report  snowing  the  benefits  and  damages  re- 
sulting from  the  improvement  to  each  piece  • 
oJ  properly  within  the  district  to  b?  assessed; 
and  that  the  report  be  presented  to  the  County 
Oourt  for  approval  and  confirmation. 

This  court,  on  page  231.  «aid:  "In  no  part  of. 
the  statute  does  it  appear  tlrat  any  provision;-, 
were  made  for  tuiy  notice  to  bo  Riven  to  prop- 
erty-owners of  the  proceedings  authorized  to 
ho  taken  before  the  Mayor,  or  of  the  proceed- 
ings by  the  board  of  public  works,  or  in  tuS 
•Guilty  court,  against  the  property  declared  to 
he  benefited  by  the  opeiiing  of  the  avenue. 
No  personal  notice  was,  iu  fact,  given  to_tiv- 
lefyndant  of  the  presentation  of  the  petition, 
>r  of  any  of  Uie  acts  of  the  board.  Neither  th 
Miiyor  nor  the  board  was  required  to  give  no- 
tice until  the.  board  had  completed  the  report 
>f  its  work.  Then  the  statute  required  it  to-, 
publish  a  notice  for  twenty  days  hi  two  daily 
newspapers  printed  and  published  in  the  city 
arid  county  of  San  Francisco,  that  the  report 
\voulci  be  open  for  the  inspection  of  all  parties 
\nterested  at  the  office  of  the  board  every  day 
luring  ordinary  business  hours  for  thirty 
lays. 

And  again  on  page  232;  "Nowhere  in  the 
statute  is  the  petition  made  part  of  the  report, 
or  of  the  data  or  documents  used  in  making 
it.  Nor  is  it  anywherj  required  that  the  board 


ceedings  for  the  probate  of  wills    and  oi  all 

proceedings  in  the  administration  of  estates  of  ]  or  the  Mayor  shall  return  it  to  the  court,  or  fil 
decedents,  has  always  bean  regarded  as  suffi-  *  it  there  or  elsewhere.  The  court  had,  there- 
cient.  In  State  vs.  McGlynn,  20  Cal.  233,  it  f  fore,  no  jurisdiction  of  the  petition,  no  power 
was  held  that  the  probating  of  a  will  was  a  j  to  adjudge  upon  its  sufficiency  and  validity  so 
proceeding  in  rem,  and  that  the  decree  admit- 
ting a  will  to  probate  was  conclusive,  not  only 
upon  the  parties  who  were  be  to  re  the  court, 
but  upon  ail  other  persons.  In  its  opinion  the 
Court  quotes  the  following  language,  Used  by 
the  Supreme  Court  of  Vermont  in  Woodruff  vs. 
Taylor,  20  Vt.  65:  "The  probate  of  a  will  i 
conceive  to  be  a  familiar  instance  of  a  pro- 
ceeding in  re  iu  in  this  State.  The  proceeding 
is  in  form  and  substance  upon  t!u 


a*  to  conclude  the  defendant.  And  in  adjudi- 
cating upon  the  report  itself  the  court  ac- 
quired no  jurisdiction  of  the  person  or  prop- 
erty of  the  defendant,  so  as  to  determine  his 
rights.  Both,  it  is  true,,  were  within  the  terri- 
torial limits  of  the  jurisdiction  of  the  court, 
but  no  actual  or  substituted  process  of  law 
had  been  served  upon  one  or  the  other." 

It  was  accordingly  held  that  the  court  below 
rightly  admitted  evidence  to  show  that  the  pe; 
No  process  is    issued  against  any  one,  but  all  ,'  tition  was  not  signed  by  the  owners  of  a  ma 


persons  interested,  in  determining  the  state  or 
condition  of  the  instrument  are  constructively 
notified,  by  a  newspaper  publication,  to  appear 
and  contest  the  probate;  and  tue  judgment  is, 
not  that  this  or  that  person  shall  pay  a  sum  ol 
money  or  do  any  particular  act,  but  that  the 
instrument  is  or  is  not  the  will  of  the  testator; 
it  determines  the  status  of  the?  subject  mat  tor 
of  the  proceeding.  The  judgment  is  upon  the 
thing  itself,  and  \vncu  th«  proper  steps  re- 
quired by  law  are  taken  the  judgment  is  con- 
clusive, and  makes  the  instrument,  as  to  all 
the  world,  (at  least  so  far  as  um  property  of  the 


jority  in  frontage  of  the  lauds  assessable   for 
the  opening  of  the  avenue. 

On  the  other  hatld  our  attention  is  called  to 
Lent  vs.  Tillson,  72  Cal.  40i,  in  which  was  in  - 
volved  the  validity  of  the  proceedings  taken 
for  the  widening  of  Dupoufc  street,  iu  the  city 
and  county  of  San  Francisco,  under  the  pro- 
visions of  an  act  passed  for  that  purpose.  It 
was  held  in  an  able  and  elaborate  opinion  by 
Justice  Temple  that  notice  by  publication, 
as  required  by  the  act,  was  sufficient  to  consti- 
tute due  process  of  law,  by  AVhich  ali  person*  ; 
whose  rights  wvre  affected  by  the  proceedings 


,-iad  before  the  County  Court  were  brought  into 
court,  aud  was  sufficient  irpm  that  time  on  to 
charge  them  with  notice  with  everything  done 
and  to  uphold  the  final  order  of  the  court. 

We  conclude  that  the  court  belov,r  had  juris- 
diction in  tiie  confirmation  proe-ecliugs  of  the 
subject  matter  nud  the  parties,  and  that  its 
judgment  is  conclusive  and  binding  upon  the 
defendant  and  all  the  world  until  reversed  on  : 
appeal  or  set  aside  by  some  direct  proceeding  • 
instituted  for  that  purpose. 

We  therefore  advise  that  the   judgment  be 
affirmed. 

Vancliff,  C..  and  Hayne,  C.,  concurred. 

By  the  court— For  the  reasons  given  in  the 
the    ipregoing   opinion   the   judgment   ia    af-  i 
firmed.  

[No.  13983.] 

BOARD  OF  DIRECTORS  OF  THK  MODESTO  IRRIGA- 
TION DISTRICT  VS.  TREGKA. 
[Filed  March  19,  1891.    83  Cal.] 

Notice  of  petition  to  confirm  acts  of  board  of  Irriga- 
tion directors  in  is-uing1  bonds  need  not  be  per- 
sonal to  every  person  interested  ia  the  district, 
but  may  be  by  general  notice  by  publication  in 
some  form. 

Notice  of  petition  to  confirm  acts  of  board  of  irriga- 
tion directors  in  issuing  b  >nds.  provided  for  Iri 
section  3  of  act  of  March  16.  1889,  is  sufficient. 

Notice  of  petition  to  confirm  acts  ot  board  of  irriga- 
tion directors  in  isming  bonds  need  not  state  the 
prayer  of  the  petition. 

Notice  of  petition  to  confirm  acts  of  board  of  irriga- 
tion directors  in  issuing  bonds  is  sufficient  ii'  it 
contains  everything  necessary  to  a  substantial 
compliance  with  the  statute. 

Proceedings  not  set  out  in  petition  on  flip  for  the 
confirmation  of  the  acts  of  an  Srrlgatiun  board  in 
issuing  bonds  cannot  be  Confirmed  where  ihe  j 
original  petition  was  amended  and  no  new  notice 
of  ihe  amended  petition  was  published;  that  the 
pers>  n  contesting  the  petit!  >n  had  notice  of  the 
amended  peUiiou  is  not  sufficient. 

Decree  c.i/i\;lnn-t>if<  ail  orders  alleged  in  the  original 
and  amended  petitions  to  Confirm  acts  of  a  board 
of  irrigation  directors  ia  issuing  bonds  is  not 
void  for  want  of  luri ^diction  as  to  the  order3  set. 
out  in  the  original  petition,  merely  because  no 
new  notice  has  been  given  of  the  filing  of  the 
amended  petition;  therefore,  where  the  original 
petition  alleges  orders  and  resolutions  directing 
the  issuance  of  bonds  to  tiie  extent  ot  $400.000. 
and  the  ame  ided  petition  alleged  order»  for  the 
issuance  of  $800.000  worth  of  bonds,  and  no  new 
notice  of  the  amended  petition  is  liled,  a  decree 
confirming  the  proceed  in  -  a  of  the  board  will  b.' 
upheld,  so  far  as  it  confirms  the  issuance  of  the 
£5400,000  worth  of  borida. 

Larul  of  city  or  town  may  be  included  within  an 
irrigation  district  in  a  proper  case.    This  power 
is  not,  affected  by  the  faci  tfat  tnere  are  portions  ; 
of  the  city  or  town  not  directly  benefited. 

Including  a  town  within  an  irrigation  district  is  a  i 
qn&st'    i  whose  decision  has  been  committed  to 
the  sex  oral  Hoards  of  Supervisors,  and  their  dis-  { 
cretion  is  not  subject  to  the  coi>trol  oi  any  court.  ) 
••;•  that  lots  in  a  city  included  in  an  Irrigation  i 
district  were  riot  benefited  is  not  competent  in  a'i 
petition  to  confirm  the  proceedings  of  the  board 
of  directors  in  issuing  botms. 

Evidence  that  city  was  included  in  irrigation  dis- 
trict for  fie  purpose  of  carrying  out  the  scheme 
of  organization  against  the  wishes  of  the  farmers 
outside  oi  the  <  iiy  is  not  competent  ia  a  p;-t.tion 
to  confirm  the  proceedings  of  the  board  in 
issuing  bonds,  unless  the  iac-ts  constituting  the 
fraud  have  been  fully  plead  'd. 

Confirmation  of  acts  of  liiredors  of  irrigation  dis 
tr'ict  in  issuing  bonds  will  not  be  refused  because 
after  the  resolution  to  iss\v.i  the  bonds  the  board 
bad  ordered  a  portion  of  the  district  to  IK*  in- 
cluded, when  at  the  time  none  of  the  bonds  had 
issued,  and  there  was  no  contract  for  their  issu- 

RefUtdl  of  trial '  de  novo  on  filing  amended  petition 
for  Confirmation  of  the  Rrooeedinw  of  board  of 
irrigation  directors  issuing  bonds  is  not  an  error 
where  all  the  evidence  that  was  taken  v;as  ap- 
,ble  to  the  issues  formed  by  the  amended 
petition. 

N'jii<-f'  of  election  for  Issuance  of  bonds,  required  by  ' 
section  5  of  act   of  March   7,  1887.  need  not  be 
given  on  a  special  election  held  uader  section  15 
of  that  act. 

Petition  to  co/rfirm  proceedings  of  board  of  irrigation 

directors  will  lie  «s  soon  as  any  resolution  has 

adopted  for  the  issue  aud  s  lie  oi  b  nd«,  and 

si  c.ssary  to  wait  until  the  bonds  have 

been  a;u',:;i!lv  issued. 

of  irrigation  <Uxtr'.-  ' 
minafothfl   authoritv  given  to  tli<' 


of  Uie  <?.YC.; 

the  district  had  no  d^-bo  aud  no  objection  was 

made  to  such  exclusion  by  any  person. 

This  was  a  special  proceeding  under  the 
statute  of  March  Hi,  1839,  fur  the  purpose  of 
obtaining  the  decree  of  the  court  approving  ^ 
and  confirming  the  proceedings  had  for  the 
organisation  of  the  Modesto  irrigation  district, 
and  for  the  issuance  and  sale  of  the  bonds  of 
the  district. 

The  petition  was  flle.d  on  the  1st  day  of 
August,  1389.  The  court  thereupon  mads  au 
order  fixing  the  2ith  day  of  August  for  the 
hearing  of  the  petition,  aud  required  that  the 
clerk  should  give  the  notice  of  the  hearing  in 
thii  manner  prescribed  by  law.  In  pursuance 
of  this  order  the  clerk  gave  and  published 
notice.  On  August  2-ith  the  defendant  ap- 
peared and  demurred  to  the  patition.  The  de- 
murrer was  overruled.  Thereafter  the  defend- 
ant filed  his  answer,  and  on  the  it-sues  thus 
raised  the  cause  was  tried.  When  the  talcing 
of  the  testimony  was  concluded,  and  during 
the  argument,  the  respondents  a^ked  aud  ob- 
tained leave  to  amend  the  petition  to  make  it 
uniform  to  the  evidence  taken.  Leave  wa>_. 
then  granted  to  the  defendant  to-answer  such 
amendments  as  might  be  made,  and  ou  in-.- 
18th  day  of  November,  1389,  the  defendant 
liled  his  answer  to  the  petition  as  amended. 
The  defendant  asked  that  the  case  be  tried 
de  novo,  but  the  demand  was  refused.  The 
defendant  was,  however,  permitted  to  offer  evi- 
dence in  support  of  any  new  matter  in  his 
•amended  answer.  The  cour.t  gave  judgment  i 
for  the  plaintiff,  and  tho  defendant  appealed.  ! 
Further  facts  appear  from  the  opinion. 

George  W.  Schell,  C.  W.  Easton  and  Thomas 
B.  Bond,  for  appellant,  contended: 

That  a  general  notice  to  the  world  was  nec- 
essary, and  that  a  limited  notice  was  insuffi- 
cient" (Coaples  on  proceedings  in  rem;  Cooley 
on  Const.  Lim.,  402)  and  that  the  notice  must 
oe  served;  that  the  people  had  no  notice  ot  the 
amended  complaint,  and  that  the  judgment  : 
was  therefore  without  due  process  ot  law 
(Thompson  vs.  Johnson,  GO  (>1.  29 i);  that 
Tregea  had.  a  right  to  raise  this  objection;  that 
to  give  judgment  without  notice  was  unconsti- 
tutional; that  the  Supervisors  violated  the 
statute  by  including  the  city  of  Modesto  in  the  j 
district  (Stats.  1837,  p.  30,  sec.  2). 

Further,  that  evidence  should  have  been  al-  > 
lowed  to  show  that  tiie  Supervisors  included  j 
the  city  of  Modesto  for  the  purpose  of  obtain- 
ing vo'ters  to  force  outside  farmers  into  the 
corporation  (Spring  Valley  Water  Works  vs. 
San  Francisco,  82  Cal.  286);  that  the  23,000 
acres  were  improperly  excluded  from  the  dis- 
trict; that  the  court  erred  in  holding  that  the  ( 
order  of  July  31,  1880,  for  $400,000  was  an  ! 
order  for  a  part  of  the  same  bonds  ordered  to  i 
be  issued  by  an  order  of  the  Board  of  Super- 
visors made  June  3,1888;  that  the  notice  of 
the  hearing  of  the  original  petition  did  not 
state  the  prayer  of  petition  as  required  by  the 
statute ;  that  the  court  should  have  tried  the 
case  de  novo  after  the  riling  and  serving  of  the 
amended  answer  aud  the  answer  thereto  (C.  C. 
P.  67;  Kentneld  vs.  Hayes,  57  Cal.  409;  Barber 
vs.  Reynolds,  33  Cal.  5ul);  that  no  notice  of 
an  eieclion  for  the  issuance  of  bonds  was 
posted  in  the  office  of  the  board  fifteen  days 
before  the  election,  as  r  quired  by  section  5  of 
act  of  March  7,  1887;  that  the; action  was  pre- 
maturely brought,  and  that  the  proceeding 
could  not  ba  maintained,  because  no  bonds 
had  iu  fact  been  issued  (Stats.  1839,  p.  212  ; 
Stats.  1887,  p.  35,  sec.  15);  that  if  the  Legisla- 
ture intended  by  the  act  of  February  10,  1889, 
p.  21,  to  bind  the  new  district  by  an  election 
held  by  the  old  district  ordering  the  issuance 
of  the  bonds,  the  act  to  that  intent  Is  ill  con- 
flict with  sees.  12  and  13  of  Art.  XI  of  the 
Constitution  of  California,  and  sec.  10,  Art  I 
of  the  Constitution  of  the  United  States.  (Tur- 
lock  Irrigation  District  vs.  Williams,  76  Cai. 
370.)  « 

C.  C.   Wright,  attorney    for  the  respondent, 
admitted  that  the  proceeding  was  one  in  rem,  : 
but  contended; 

First— That,  the  notice  was  sufficient.  (Coolev 
on  Const.  Lim. ,4th,  ed.,  p.  503;  Lent  vs.  Till- 


work  on  Tulare  canal. 


son,  72  Cal.  404;  Estate  of  Johnson  \9.  Tyson, 
1:5  Cal.  257;  Suydani  et  al.  vs.  Pitcher  &  Pooie, 
i-  Gal.  280;  Rich  vs.  Starbuck,  45  Ind.  312; 
Wade  on  Notice,  sec.  1203. 

Second — That  the  defendant  would  not  bs 
iieurd  to  complain  that  the  people  of  the  dis- 
r.rict  had  no  notice  of  the  amended  complaint. 
Thompson  vs.  Johnson,  60  Cal.  292;  McGray 
vs.  Pedrorena.) 

Third— That  the  defendant  has  no  authority 
whatever  to  make  objections  for  the  people  of 
.he  district, 

Fourth— The  respondent  admits  that  a  judg- 
nent  against  the  land  of  the  district  and  all  of 
is  inhabitants,  without  notice,  would  be  void. 

Fifth  and  sixth — The  Board  ot  Supervisora 
lave  exclusive  power  to  establish  and  define 
ho  boundaries  of  a  district,  and  to  say  what 
ands  shall,  and  what  ehall  not,  be  included 
within  those  boundaries.  (Stars.  1887,  p.  30, 
;--c.  2;  Central  Irrigation  District  vs.  De  Lappe, 
~9  Cal.  351.)  Thai,  what  the  Legislature  had 
>ower  to  do  by  special  act  before  the  Constitu- 
ion  of  879,  it  had  delegated  to  local  tribunals 
o  do  now.  The  question  Whether  a  town 
houid  be  included  in  an  irrigation  district  was 
me  of  public  policy  (Cooley  on  Const.  Lira. 
.50);  the  legislative  eiiiictmant  that  a  district 
viil  be  benefited  is  conclusive  (Cooley  on, 
Joust.  Lim.  6U1,  2d  ed.).  That,  the  legislative 
Let  of  assigning,  districts  for  special 
axation  on  the  basis  of  benefits  cannot 
e  attacked  on  the  ground  of  error  in 
jdgment  regarding  the  special  benefits 
doooley  on  Taxation,  450;  Litchfleld  va.  Ver- 
011 ;  People  vs.  Lawrence,  41  Id.  140;  St. 
xmis  vs.  Outers,  30  Mo.  450;  Shaw  vs.  D  -nuig, 
•  Giim.  410;  Philadelphia  vs.  Field,  58  Pa. 
it.  320;  Wright  vs.  Boston,  9  Cush.  233.)  The 
aads  may  not  be  susceptible  of  irrigation;  the 
riterion  is,  are  the  benefited  by  it?  (Stats. 
--y7,  p.  29,  sec.  2.)  Tlte  determination  of  the 
oara  on  this  point  is  conclusive.  The  statute 
f  1887  leaves  no  doubt  wnatever  that  the 
legislature  contemplated  the  inclusion  of  city 
nd  town  property  in  a  district  when,  in  the 
pinion  of  the  Bcntrd  of  Supervisors,  it  would 
>e  benefited  thereby.  The  policy  of  the  law 
ras  ft  broud  OIIL-,  that  whatever  property  would 
eccive  a  benent,  whether  by  being  developed, 
s  agricultural  lands  or  by  having  the  condi- 
iona  surrounding  it  NO  improved  as  to  enhance 
ts  market  value,  should  be  properly  assessable 
nd  might  bo  included.  (Turiock'  Irrigation' 
)istrict  vs.  Williams.  7<>  Cal.  3l>0;  Cooley  on; 
'axation,  pp.  450-151, 1st  ed. :  Downer  vs.  Bos- 
on, 01  Mass.  281;  32  Cal.  553;  Wright  vs. 
aty  of  Boston,  53  Mass.  239.)  That  the  evi- 
ence  does  not  show  that  the  Board  of  Super- 
•isors  did  not  exercise  their  best  judgment  iu 
stablishing  the  boundaries  of  the  district. 
"hat  parole  evidence  cannot  be  admitted  to 
onttadict  the  record.  (School  District  VH, 
Uberton,  12  Mit.  113;  Morrison  vs.  City  of 
•awreace,  11  Urowut  221;  Dillon  on  Mun. 
or  p.,  sees.  295,  299;  Taylor  v».  Henry.  2  Pick. 
97;  Mayhew  vs.  District  of  Guy  Head,  13 


Allen,""  lirOT  Bb'sfdh  Tp.  Co.  vs.  Pomfret,  2O 
Conn.  500;  Gilbert  vs.  New  Haven,  40  Conn. 
102;  Langsdale  VH.  lionton,  12  Ind.  407;  In- 
dianapolis vs.  Imberry,  17  Ind.  175,  179;  Del- 
phi vs.  Evans,  3i3  Ind.  90;  Bigelow  vs.  Perth 
A  in  boy,  I  Dutch  (N.  J.)  29t>;  Gearhart  vs. 
Dixou,  1  Pa.  St.  221;  City  of  Lowell  vs.  Whee- 
lock,  11  Cuah.  3D1;  Moiriapn,  Admx.,  vs.  City 
of  Lawrence,  9rf  Mass.  221;  Louisville  vs.  Mc- 
Kegney,  7  Bush.  (551;  47  Gul.  488;  Meeker  vs. 
Van  Kenssei.iur,  15  \VVrid.  397.)  No  fraud  is 
charged  by  the  appoliunt. 

Seventh— The  exclusion  of  lands  was  legal. 
No  bonds  had  been  s^id.  There  was  neitaer  a 
delivery  of  bonds  nor  an  offer  of  payment  of 
the  price.  (Black wood  vs.  Cutting  Pne,kiag 
Company,  70  Cal.  212;  Peabody  va.  McGuire, 
79  :\L>.  5»5;  Evausville  llaiiroad  Company  vs. 
Erwin,  84  Jnd.  46i:  Turner  vs.  Moon-,  58  Vt. 
45(3;  Adams  vs.  Connor,  loO  Mass.  515.)  But 
the  appellant  cannot  raise  any  objection  to  th« 
exclusion,  because  ihe  statute  was  only  in- 
tended lor  the  benefi  tof  the  holder  of  outstand- 
ing bonds.  (Stats.  ItfSS),  p.  21,  sees.  4-6.) 

Eighth— That  the  appellant  cannot  object  t» 
the  exclusion  on  behalf  of  owners  of  land 
within  the  excluded  district. 

Ninth— That  the  determination  to  proceed 
upon  any  given  plan  of  irrigation  was  not  con- 
clusive on  the  board,  aad  it  was  their  duty  to 
cnange  their  plans  HS  often  as  it  became  ap- 
parent that  any  other  plan  was  better  thaii  the 
one  under  contemplation. 

Tenth— The  respondent  contends  that  th« 
notice  stated  the  prayer  of  the  peiitiou  suffi- 
ciently. (Lent  vs.  Tillson,  72  Cal.  404.) 

Eleventh— -Thai  the  amendment'  was  only 
.such  as  was  necessary  to  meet  the  proofs,  and 
..hat  sucti  an  amendment  was  clearly  admissi- 
ble. (Connolly  vs.  Peck,  3  Cal.  82;  Valencia 
va.  Cauch,  32  Cal.  340;  Tvyou  vs.  Button,  13 
Cal.  494;  Hooper  vs.  Wells,  27  Cal.  35;  Car- 
pentier  vs.  Brenham,  50  Cal.  549;  Farmer*' 
National  Bank  vs.  Stover,  60  Cal.  387.) 

Twelfth — It  was  not  necessary  that  a  notice 
of  the  bond  election  should  have  been  posted 
in  the  office  of  the  board  of  directors.  The 
provisions  of  section  5  of  tha  act  of  1887  do 
not  apply.  Tho  provisions  of  section  15  gov- 
ern. (Endlich  on  Interpretation  of  Statutes, 
aec.  399.) 

Thirteenth— The  action  for  confirmation  liei 
before  the  bonds  have  been  delivered  into  the 
hands  of  a  purchaser.  Any  other  interpreta- 
tion would  defeat  the  purpose  of  the  statute, 
as  the  essence  of  the  whole  act  is  that  the  pur- 
chaser may  have  the  benent  of  its  provisions 
before  he  incurs  any  hazard  in  the  purchase  of 
the  bonds. 

Fourteenth  and  Fifteenth— The  Legislature 
has  power  to  bind  a  new  district  for  bonds  ig- 
sued  before  the  exclusion  of  lauds.  (Dillon  on 
Mun.  Corp.,  3d  ed.,  sees.  185,  186,  187,  189.) 
Funds  raised  or  to  be  raised  by  taxation  are 
subject  to  municipal  control.  (Creighton  vs. 
San  Francisco,  42  Cal.  44G;  Blandiug  vs.  Burr, 
13  Cal.  343;  Town  of  Didon  vs.  Mayes,  72  CaL 


.66;  Santa  Rosa  vs.  Coulter,  58  Cal."537.) 
C.  A.  Stonesifer  (A.  L.  Rhodes  of  counsel) 
contended  that  uotice  to  those  interested  ia 
the  litigation  only  was  necessary;  that  the  de- 
fendant, cannot  complain  of  want  of  notice  of 
the  amended  petition,  j«s  he  had  appeared,  arid 
that  he  had  no  authority  to  object  that  other 
persona  hud  no  notice  (MeGray  vs.  Pedrorena. 
OS  Cal.  9-4);  that  uotice  of  amended  pleadings 
need  not  be  given  to  those  not  appearing  (C.  C. 
P.,  1014);  that  this  was  not  a  proceeding  ia 
rem,  but  a  special  proceeding  (Conflrmatiou 
act,  sec.  I);  taut  notice  by  publication  in  a 
special  proceeding  was  due  process  of  law. 


(Lent  vs.  Tiliso 


Cal.  404;    Davidson  va. 


the  fact  thai,  the  board  were  aware  of  it,  waa 
rejected.  The  board  is  not  the  final  judge  ai 
to  whether  the  laud  is  susceptible  of  irrigation. 
There  should  have  bseu  notice  of  the  amended 
complaint.  (Thompson  vs.  Johnson,  (JO  CaL 
294.)  Tregea  has  the  right  to  make  the  objec- 
tion., as  neither  the  judgment  nor  the  action  , 
are  ugtiinst  nim,  but  agaiust  the  district,  and 
he  has  the  right  to  appear  and  *how  cause  why 
the  judgment  should  not  be  taken  usainst  au 
the  people.  The  bonds  must  be  immediately 
issued,  and  must  be  numbered  as  issued,  and 
bear  ciate  al  the  time  of  their  issue.  The  sale 
of  the  bonds  to  Perley  &  Tucker  was  complete, 
and  the  title  passed; '  the  board  had  no  power 


ind  the  sale,  and  the  exclusion  of  the 
>-acre  tract  was  void,  because  they  never 
assented  to  it.  Respondent  is  estopped  to 
that  the  laud  was  included.  (C.  C.  P., 
vs.  Blankman,  39  Cul.  19;  People  vs.  Hagar,  <  sec.  1962.  sub.  3.)  If  the  land  was  prop- 
52  Cal.  171;  Barrett  vs.  Carney,  33  Cal.  533;  erly  included,  it  would  violate  Art.  XL 
Friedlander  vs.  Loucks,  34  Cal.  33.)  'sees.  12T  and  13  of  the  Constitution, 

Further,  that  the  including  of  Modesto  wag i  to  impose  upon  the  new  district  the 
not  a  violation  of  the  law;  that  the  question  aa  'garden  of  the  old.  The  new  district  never  as- 
to  what  lands  should  be  benefited  and  should- Sented  to  the  issuance  of  the  bonus,  except  in 
be  included  within  a  district  is  committed  to  conjunction  with  the  old.  The  exclusion  of 
the  judgment  and  discretion  of  the  board,  and  '28,000  acres  of  land  and  the  adoption  of  a  to- 
that ,  ita  action  is  conclusive;  that  inquiry  cau-  tally  different  scheme  without  the  concurrence 
not  be  made  into  the  motives  oi  the  mezabarg  or  assent  of  the  people  remaining  inthedis- 
of  the  board;  that  nothing  short  of  actual  fcrict  was  a  violation  of  their  constitutions! 
fraud  will  bo  a  gi-ound  oi  attack,  and  that  tna  rights.  The  advertisement  of  the  bonds  of  the 
acts  of  fraud  uiuut  be  specifically  alleged,  district  for  sale,  the  unconditional  bid  of  Per- 
(People  vs.  Hagar,  52  Cal.  Ibi;  Freeman  ou  ley  &  Tucker,  and  the  unconditional  accept- 
Judgments,  sees.  523,521;  Bigelow  on  Es-  ance  of  the  bid  by  the  board,  and  the  order  en- 
toppel,  p.  142;  People  vs.  Hagar,  66  Cal.  60;  tered  by  them  upon  their  records  gelling  the 
Bernal  vs.  Lyucn,  36  Cal.  135;  Waugh  va.  same  to  Perley  <fc  Tucker,  constituted  a  cora- 
Chuuncey,  13  Cal.  11;  Comstock  vs.  Crawford,  plete  sale,  which  either  purtv  i-.o-.ild  enforce  in 
3  Wall.  403;  Mayo  vs.  Ah  Loy,  «2  Cal.  479:  faw-one  which  coulr>  not  beset  aside  or  an- 
People  vs.  l>oe,  G.,  3b  Ca..  220;  Mayo  vs.  Foley.  nulled  by  the  private  or  secret  agreement  of 
40  Cal,  282;  United  States  vs.  Arredondo,  9  one  or  both.  This  sale  was  in  force  when  the 
Peters  /29.)  order  of  exclusion  was  made  and  was  rmide 

Tnat  the  exclusion  of  a  body  of  land  from  the  without  their  assent.  The  denial  of  notice  in 
district  did  not  alfeot  the  proceedings.  The  the  answer,  though  made  on  information  and 
proceedings  were  regular.  (stats.  1889,  p.  21).  belief,  puts  in  issue  the  giving  oi  notice.  (Reid 
Thers  were  no  outstanding  bonds,  as  bonda  vs.  Buffum,  79  Cal.  82.)  Tho  giving  of  tho  Bo- 
contracted  to  be  *oid  but  not  delivered  are  not  tice  required  by  section  5  was  essential.  (Peo- 
outstanding  bunds.  There  was  no  objection  to  pie  vs.  Seale,  52  Cal.  (.520;  People  vs.  Castro,  39 
the  excision,  and  therefore  no  election  was  Cal.  65.)  The  defendant  did  not  havo  to  prove 
required.  And  if  the  exclusion  was  irregular, ,  his  negative  allegation  that  no  notice  was 
the  defendant  would  have  no. cause  of  com-  given.  (C.  C.  P.,' sections  I8t>8,  1981:  Ste- 
plaint,  as  the  laud  would  still  bo  ni  the  district {  yens'  Evidence,  96;  Greeul.  Evidence, 
that  there  was  nothiug  in  tire  evidence  to  sus-  70,  ch.  7;  U.  S.  vs.  So.  Cal.  Coal  Co., 
tain  the  claim  that  tho  $400,000  of  b  rmls  •  1.  W.  C.  R.  1-12  ;  Bates  vs  Lyinan 
ordered  to  be  sold  was  not  part  or  the  $80J,V  12  Paa  83.)  The  election  for  bonds  was  a 
000;  that  the  source  and  mode  of  obtaining1  special  election.  Notice  of  the  time  and  place 
water  may  bj  changed  from  time  to  time.  The,,  was  necessary,  therefore  the  notice  prescribed 
uotice  Hulhciently  states  the  prayer  of  the  peti-  by  sec'-'ou  5  was  necessary.  The  allegations 
tion  (McGray  vs.  Pedrorena,  -38  Co,!.  91),  and  1  in  the  'complaint  are  sufficiently  tra 
conforms  to  section  3  of  the  Confirmation  act  (Hill  rs.  Smith,  27  Cal.  480;  Estee's  PI.,  3d  ed., 
A  trial  de  novo  was  not  required  upon  the  filing'  par.  3174.)  Time  and  place  are  the  substance 


604;  Veopie'vs.  Ho'deu,"^  Cal!  13 J); "that'  if 
there  was  an  omission  to  do  so  it  did  not  affect 


5  applies  to  every 
the  Wright  act.    The  case  of 


Lent  vs.  Tillsoii, 


72  Cal.  424,  does  not  sustain  tho  proposition 

any    substantial   rights,    and    must    be  disre-  that  no  election  was  necessary.    The  action  of 
garded  (Pol.  Cod ',  sue.  4;  10  It-..  218);  further,  .the  board   in   abandoning   one    sclUM,; 
that    section  5  does  not  govern,   but  that  the   adopting  another  vitiated  the  proceed  !: 
notice  is  regulated  by  section  15  of  the  act,  and   the  issuance  of  the  $400,QOO   bonds  was  not 

that  on  the  pleadings  the  poini  cannot  be  made  based  on  the  estimates  of  tns  board  prior  to  the 

or  m  aint'tiiied.  '  election  called  for  the  first  scheme,  but  on  the 

The  statute  does  not  bear  out  the  construction  new  estimate  made  on  the  new   scheme,  uijh- 

coutended  f^r,  tuar  the  action  was  prematurely  teen   months   after   the   election.    The  board 

brought.    The  denomination  of  the  bonds  noed  having  ma«le  this  estimate  eighteen  months 

not  be  fixed  at  one  and  me  same  time,  as  that  after  the  election,  their  action  is  invalid  unlei-s 

matter  is  left  with  the  discretion  of  the  board,  ratified  by  an  election.     Au  order  of  a  Board  oi 

The  contention  that  the  authorization   became  Supervisors  docs  nut  impart  the  same  absolute 

void  because  part  of  the  district  was  excluded  verity  as  a  judgment.     (C.  C.  P.,  sec.  1962.) 

cannot  be  sustained.    The  proceedings  in  the  By  the  court.  Beati.y,  C.  J.:  This  is  u  special 

formation,  organization   and   government  ox  proceeding  instituted  in  pursuance  of  the  pet 

irrigation  districts  are  to  be  literahy  construed,  j  of  March  16,  ISMf)  (Stilts.  1889,  p.  212),  lor  the 

(Irrigation  District  vs.  t)d  Lappe,  79  Cal.  354;  purpose   of  obtaining  judicial  confirmation  of 

:>ni  District  vs.  Wiilii-iins,  76  Cal.  368.)  the  validity  of  certain  bonds  ot  the  respondent 

George  W.  Schcll,  C.  W.  Eastin  and  Thoraai  which  it  has  ordered  to  be  issued  and  sold. 

B.    Bond,     for   the    appellants,  in  reply  con-  The  act  referred  to  is  supplemental  to  the  act 

tended:  entitled  "An  m:t  to  provide  lor  the  organization 

The  judgment  of  the  board  is  not  conclusive,  and   government  ui  irrigation  districts  find  to 

It  is  not  only  essential  that  the  land  should  be  provide  for  the  acquisition  of  water  and  other 

benefited  by  irrigation,  but  also  that  it  must  be  property   and    for    the    distribution  of   water 

from  a  common  source  and  the  sarno  system  of  thereby    for    irrigation    purposes.''    approved 

works.    The  city  of   Modesto   cannot  be  bene-  March  7, 1867,  auti  commonly  known  as  the 

filed  from  a  common  source  by  the  same  sy»-  Wright  law,     (Slat,-.  L888.  ».  29  ) 

tern  of  works.    Evidence  of    this    fact,  and   of  The  original  act,  as  its  tiil-j  import?,  provides 


that    iu- 
theiu    at 


for  the  organmtuon  orure"irrigaiiou  u i strict, 
and  ior  the  adoption  and  carrying  out  ot  plans 
ior  the  irrigation  of  thf  lands  embraced  therein. 
Among  other  things  provided  us  the  issuance 
and  sale  of  the  bonds  ior  the  several  districts 
Before  any  such  bonds  can  be  issued  or  sold 
the  directors  of  the  district  are  required  tosub- 
luit  the  proposition  to  a  vote  of  tne  electors  at 
a  special  election  and  to  order  and  give  notice 
of  such  elect!  ou  in  a  manner  particularly  pros- 

1  As  to  the  validity  of  the  bonds  when  issued, 
depends  upon  the' regularity  ot  the  proceed- 
ings of  the  board  and  upon  the  _  ratification  of 
thaiproposition  by  a  majority  of  the  electors. 
It  is  a  matter  of  common  Knowledge 
vestors  have  been  unwilling  to  take 
their  par  value  while  all  the  facts  affecting  • 
their  validity  remain  the  subject  of  question 
and  dispute. 

To  meet  this  inconvenience — for  tno  security 
of  investors,  and  to  enable  the  irrigation  dis- 
tricts to  dispose  of  tueir  bonds  on  advantageous 
terms — the  supplemental  act,  under  which  ibis 
proceeding  was  instituted,  was  passed. 

It  provides  that  the  board  of  directors  of  any 
irrigation  aistrict  "may    commence    a   special 
proceeding,  in  and  by  which  the    proceedings' 
of  siiid  board  and  of  said  district  providing   for  : 
and  authorizing  the  issue  and  sale  of  the  bonds 
of  said  district,  whether  stiid  bonds  or  uiiy  of 
them  have  or  have  not  been  sold,  may  b<?  judi- 
cially examined,  approved  and  confirmed." 

The  proceeding  is  commenced  by  the  filing 
of    a   petition  in   the    Superior   Court,  of  tli-; 
county  in  which,  the  lands  of  the   district,   or  , 
some  portion  thereof,  are  situate,  praying  %  tin; 
confirmation  of  the  proceedings   or    tne  direc-  ,. 
tors.  Whereupon,  the  court  is  required  to  make 
and  publish  an  order  stating  the  prayer  of  the  i. 
petition  and  fixing  a  time  and   place   for   the 
hearing. 

Any  person  interested  may  demur  to  or  an- 
swer the  allegations  of  the  petition,  and  the 
issues  of  law  and  fact  are  tried  mid  determined 
'by  the  court  as  in  other  cases  under  the  ordi- 
nary rules  of  practice. 

The  court  hus  power,  upon  the  hearing,  to  i 
examine  and  determine  the  legality  and  valid- 
ity of  the  organization  of  the  district,  and  all 
matters  affecting  the  legality  and  validity  of 
the  bonds'and  the  order  for  their  sale,  and  has 
the  power  to  confirm  the  proceedings  in  whole 
or  in  part,  according  to  the  facts. 

In  this  case,  the  proceeding  of  the  Superior 
Court  resulted  in  «.  judgment  affirming  the 
regularity  oi  the  organization  of  the  re- 
spondent as  an  irrigation  district,  and  the 
legality  and  validity  of  its  orders  for  the 
issuance  of  its  bonds  to  the  amount  of 
$800,000,  and  for  the  sale  of  $400,000  thereof. 
The  defendant,  a,  resident  and  property- 
owner  of  the  district,  who  contested  the 
validity  of  the  respondent's  proceedings,  ap-  j; 
peals  from  the  judgment  of  the  Superior  ' 
Court  and  from  au  order  denying  his  motion 
for  a  new  trial. 

Numerous  errors  are  assigned  and  argued, 
but  they  are  all  involved  in,  and  may  be  dis- 
posed ol  bv,  a  consideration  of  a  few  general 
propositions: 

First— It  is  contended  that  there  was  not 
sufficient  notice  of  this  proceeding  to  give  the 
Superior  Court  jurisdiction  to  render  a  judg- 
ment binding  upon  the  lauds  of  the  district 
and  their  owners.  There  seems  to  be  a  claim 
under  this  head,  though  it  is  not  particularly 
insisted  upon,  that  the  notico  prescribed  by  ! 
the  statute  is  not  sufficient. 

The  object  of  the  proceeding  is,  of  course,  to 
compel  every  person  interested  in  the  district, 
and  whose  property  is  to  be  bound  for  the  pay- 
ment of  its  debts,  to  come  into  court,  and 
within  the  time  limited,  present  and  submit 
to  judicial  investigation  any  and  all  objections 
.  he  may  have  to  the  regularity  of  the.  organiza- 
tion  of  the  district,  and  all  other  matters  affect- 
ing the  validity  of  the  bonds,  so  that  it  may  be 
finally  and  conclusively  determined  by  a  judg- 
ment" which  neither  he  nor  his  successors 


in   interest   can   thereafter  questiou,  whether 
guch  bonds  are  legal  and  valid  or  not. 

Notice  must  therefore  be  given  to  all  persons 
so  interested.  But  it  need  not  be  a  persona 
notice.  It  not  only  may  be,  bat  to  secure  tue 
ends  of  the  statute" it  must  be,  a  general  notice 
by  publication  in  some  form.  It  is  unneces- 
sary to  take  np  time  in  the  discussion  ol  this 
question,  which  has  long  since  ceased  to  be  an 
open  one  in  this  State.  Without  referring  to 
many  earlier  and  later  decisions  bearing  more 
or  less  directly  upon  the  point,  it  is  sufficient 
to  say  that  the  statute  and  proceedings  unuer 
review  in  Lent  vs.  Tillsoa,  72  Cal.  404,  were  in 
all  essential  respects  similar,  as  to  their  objects 
and  the  substance  of  their  provisions,  to  the 
statutes  and  proceedings  in  question  here,  and 
the  notice  of  this  proceeding  prescribed  by  the 
statute  of  1389  is  for  every  purpose  as  ample 
and  beneficial  as  the  notice  to  property-owners, 
which  was  in  that  case  held  sufficient  to  give 
validitv  to  the  proceedings  by  which  the  land;; 
of  the  local  assessment  district  were  subjected 
to  a  lien  for  the  payment  of  tne  Dupont-street 
bonds.  The  provisions  of  the  supplemental 
act  in  regard  to  this  matter  are  found  in  sec- 
tion 3,  Statutes  of  1889,  page  212,  which  reads 
as  follows: 

"  The  court  shall  fix  the  time  for  the  hearing 
of  said  petition,  and  shall  order  the  clerk  of  the 
court  to  give  and  publish  a  notice  of  the  tiling 
of  said  petition.  The  notice  shall  be  given 
and  published  in  the  same  manner  and  for  the 
length  of  time  that  the  notice  of  a  special  elec- 
tion provided  for  by  said  act  to  determine 
whether  the  bonds  of  said  district  shall  be  is- 
sued is  required  Jo  be  given  and  published. 
The  notice  shall  state  tne  time  and  place  fixed 
for  the  hearing  of  the  petition,  and  the  prayer 
ol  the  petition,  and  that  any  person  interested 
in  the  organization  of  said  aistrict,  or  m  the 
proceedings  for  the  issue  or  sale  of  said  bonds, 
inay,  on  or  before  the  day  fixed  for  the  hearing 
of  said  petition,  demur  to  or  answer  said  peti- 
tion. The  petition  may  be  reierred  to  and  de- 
scribed in  said  notice  as  the  petition  of  the 

Board  of    Directors  of Irrigation  District 

(giving  its  name),  praying  that  the  proceedings 
for  the  issue  and  sale  of  the  bonds  of  saio.  d-s-  , 
trict  may  be 'examined,  approved  and  confirmed  J 
bv  said  court." 

Butitis  further  contended  that  even  conceding 
the  sufficiency  of  the  notice  prescribed  by  the 
statute,  the  notice  actually  given  of  this  pro- 
ceeding did  not  comply  with  the  statute. 

In  order  to  arrive  at  a  proper  understanding 
of  the  several  objections  falling  under  this 
head,  it  is  necessary  to  state  generally  the 
facts  concerning  the  organization  of  the  re- 
spondent as  an  irrigation  district  and  its  sub- 
sequent proceedings. 

The  petition  of  the  Supervisors  of  Stanislaus 
county,  in  which  all  its  lands  are  situate,  for 
the  formation  of  the  district,  was  filed  May  11, 
1887,  and  the  order  of  the  board  declaring  the 
due  organization  oi  the  district  wss  made  July 
18,  1867.  Thereupon  the  directors  of  the  dis- 
trict organized,  caused  surveys  and  estimates 
of  the  cost  of  acquisition  and  distribution  ^of 
water  to  be  made,  and  on  November  19,  1887, 
fixed  the  sum  necessary  to  be  raised  by  the 
issuance  of  the  bonds  of  the  district  at  $600,- 
000.  The  propositipn  to  issue  this  amount  of 
bonds  was  at  a  special  election  submitted  to  ~ 
vote  of  the  electors  of  the  district,  who  by 
considerable  majority  voted  in  favor  ot  t 
proposition. 

Upon  ascertaining  the  result  of  this  election 
the  directors,  on  the  3d  day  of  January,  1888, 
"resolved  and  ordered  that  the  bonds  of  said 
district  in  the  sum  of  $800,000  be  issued  in  the 
Biauner  and  form  prescribed  by  said  act."  ' 

After  resolving  upon  the  issuance  of  said 
bonds,  several  unsuccessful  efforts  seem  t< 
have  been  made  to  dispose  of  a  portion  of  th* 
-  amount  authorized,  and  finally  on  July  31 
18«9,  the  following  resolutions  were  adoptee 
by  the  board  of  directors : 

It  is  hereby  ordered  that  the  bonds  of  this  dis- 
trict bP  isaued  in  the  amount  of  $40J,OOl>  of  the 


*vin<f  denominations:      Seven     hundred    and 
£'\'  bonds  of  the  denomination   of  $:300  e;i 
"*  '     bonds  of  the  denomination  of  $100  each,   ami 
that  the  said   bonds   shail    in    form  and  substance 
conform  to  the  provision:',  of  the  act  of  the  Legis- 
lature or  the  state  of  California,  entitle  ^  ''An   net 
to  provide  for  the  organization   «ivl  govern:- 
,  irrigation  districts,  and  to  provi  le  f..>r  tiie  ai'M'-isi- 
•!•  f.nd  other  property  and  for  t)>c  aistrt- 
n-;'iio:i  of  water  thereby  for  irri-aiion  j-nv 
approved  March  ?,  1887.  and  th»it  thcv  he  signed, 
aeale  l  and  numbered  as  in  said  act  provider!. 

It  is  further  ordered  that  tne  bonds  of  the  dis- 
trlct  conform *ng  to  the  provision*  rt(  said  act  and 
to  this  order  be  prepared,  executed  and  issued  in 
such  nu.niier  and  form  hi  all  respects  that  tiiey 
sh:ill  become  and  be  ready  for  sale  by  Uiis  board 
and  on  behalf  ot  this  district. 

hut  this  board  hereby  declares  its  in- 
tention to  sell  the  bonds  of  this   district   to   the 
amount  of  .$400,000.  to  wit:    Seven  hundred  and 
sixty  honds  of  the  denomination  of  $500  each,  and 
•;' the  denomination  of  $108  each;  and 
it  |»  therefore  ordered   that  a    notiftp    that    .sea'ed 
:J1  b«  receive.-!  by  t'ui:<  bonr<l  :«.t  i-«  ofiice 
In  the  riiy  ,  .  ,.,  to  the  hou;-  of  !:;-;(;   v.  -.;. 

of  tlia  3M  dav  cl'  B^i'tember,  1H8P.  for  the  purchase 
of  sai ;  ''i^iished  f'ir  tweistv  days  before 

thosaid  <I-st<>   in   the  fol'owincv  tu  w.sp;vp:-'-rs:    The 


7><(i!t/  Aiin,    •nbiioi'ecl  hi  the  city  of  Sun 
the  l:  published  in  t's"  city  of 

mento,  ami  the  .Daily  Vinie.x,  published  in  the  city 
s  n;teJi- s.    On  motion  duly  ina<le,  seconded 
and  carried,  it  was  urdorod  that  the   board  of  di- 
rectors of  this  district  <:r.nr:ne;ice  specia".  proceed- 
ings in  and  by  which  the  proceedings  of  said  board 
and  of  snU  district  for  and  author. zint-  tb?,  sale-  of 
IMS  of  said  district  inuy  be  judiciaily  e.vam- 
ined,  approved  and  confirmed. 

In  pursuance  of  this  resolution,  the  original 
petition  in  this  case  was  filed  in  the  Superior 
Court  of  Stanislaus  eountv  on  the  following 
dav,  August  1,  iSSf). 

In  this1  petition  the  due  organisation  of  the 


district,  under  the  net  01  March  7,  1387,  is  al- 


leged to  have  been  efT.-ctcd  on  the  18th  day  of 
July,   1887.     It   is  alleged  that  certain  persons 
(naming  them)   were  then  duly  elected,  and 
ever  pince   been  the  directors  of  the  dis- 
trict;   that    all   its    hinds    are    in    Stanislaus 
county;   that  as  soon  as  practicable  after  its 
organization,  to  wit:  on  November  19,  1887, 
the  directors  duly  estimated  the  cost  of  acquir- 
ing witter   rights  and   constructing  irrigation 
works  for  the  district  at  *800,0<)0,  and  that  it 
was  necv.ssary  to  issue  tho   bonds  of  the  dis- 
trict to  that  amount,  and  that  the  same  should 
be    sold,   provided    the  electors  of   the  district 
should   vote  in  i'avor  of  their  issuance.    It  is 
alleged  that  a  special  election  was  immediately 
called,  at  which  the  proposition  should  be  sub- 
id  and  voted  npoa,  of  which   the  notices 
required  by  the  statute  were  duly  published 
and      posted:       that      at      the       time       ap- 
pointed   the      election    was      in    fact    held; 
that    the    returns     of     said    election     were 
duly       made       and      canvassed,      and      the 
;  result    duly     declared     and     recorded,     and 
that  the  vote  was  439  in   fnvor  of,  and  only 
seventy -six  against  the  proposition.    The  origi- 
\  ual  petition  fails  at  this  point  to  state  the  next 
ily  taken  by  the  board  of  directors, 
!  viz.:  Itf,  resolution  of  January  3,  1888,  to  issue 
|  the  $800,OtM>,   authorized  by  said  vote,  and  its 
!  unsuccessful  effoits  to  sell    portions  of  such 
.    Omitting  all    reference    to    these  pro- 
:  ceediuap,  it  alleges  the  orders  and  resolutions 
01  July  31,  Ib89,  above  quoted,  directing  the 
issuance  and  sale  of  bonds  to  the   amount  of 
!  $'iOO,000,  and  closes  with  the  following  prayer: 
\Vh<vef  >rp,    your  petitioner  prays  that  the  pro- 
i  ceem::  .;s  aioivs/iid,  for  the  issue  and  sale  of  said 
]  bonds  of  said  irrigation  district,  may  be  judicially 
examined,  approved  and  aiiirmed  by  suid  c  tun. 

Upon  the  filing  of  this  petition  the  Judge  of 

I  the  Superior  Court  made  an  order  fixing  the 

i  -2-iih  day  of  August,   1889,  for  the  hear'. UK  of 

the  petition,  and   ordered  the  clerk  to  cause 

notice  of  tiie  filing  of  the  petition  to  be  given 

and  published,  as  prescribed  by  law. 

In  pursuance  of  said  order,  the  following 
nciico  was  issued  and  published  for  the  pre- 
scribed period: 

in  the-  8iip<>rior  Court  of  the  county  of  StanislRUS. 
MUity  of  (Jaafornia.  In  tiie  matter  of  tha  Modesto 

i -it  riot.  No.  1003, 

|      Notice  is  hereby  given  that  the  petition  or  tue 

,  board  o;  directors  of  the   Modest-*   Irrigation  dis- 

!  trict.  praying  that  ;ho   ,  tor  the  issue 

vie  of  tne  bonds  of  said  district  may  b«  ex- 

sd,  approved  rm«d.  was  on  the  1st 


Cj;irt  iiveu  a-;  the  t-,me  for  the  hearing  of  the  snid 
petition  the  'JitJi  i'i-y  of  August,  18-59.  at  the  Court- 
Mi  the  cit-v  of  Modesto;  and  notice  is  further 
that  any  person  interesfted  in  the  organ i?.a- 
.said  d'istrict.  or  in  the  pro'jeeuings  for  the 
c.f  said  bonds,  may.  on  or  before  the 
as;  abovo  mentioned,  demur  to  or   answer 

•;tion. 

By  order  of  tiie  court. 
Altest:  E.  I).  McC'abo,  clerk. 
By  A.  .1.  L-ewis.  Oeouty  clerk, 
(inuarsed.j    Filed  October  21,  1889. 

E.  D.  MCCABB. 

The  defendant,  on  the  24th  day  of  August, 
1889,  appeared  in  the  proceedings  by  his  at- 
torney and  tiled  a  demurrer  to  the  petition, 
which,  was  overruled  by  the  court,  and  on  Sep- 
tember i>vl  he  liled  an  answer,  and  the  issues 
were  set  for  trial  on  October  21,  1889,  upon 
which  day  the  trial  commenced  and  continued 
until  both  parties  eioSed.  tneir  evidence  on 
October  2dth,  whereupon  the  court  adjUfarued 
until  October  28th.  When  the  hearing  was  re- 
sumed on  the  2Sth,  and  after  the  argumen 
had  commenced,  the  petitioner  asked  und  o 
tained  leave  to  file  and  serve  an  amended  peti- 
tion, and  defendant  was  granted  leave  to  de- 
mur to  or  answer  such  amended  petitio 
within  ten  days  after  service  of  an  eagr 
copy. 

On  the  30th  day  of  October  the  amended  pe- 
tition was  filed,  which,  in  audition  to  the  alle- 
gations of  the  original  petition,  allied,  the 
order  of  the  board  of  directors  of  January  3, 
1888,  for  the  issuance  of  the  #800,000  of  bonds 
voted  by  tne  electors,  and  also  that  the  $400,- 
000  of  bonds  ordered  issued  and  sold  by  the 
resolution  of  J  uly  31,  1889,  were  a  part  of  the 
amount  of  $800,000  ordered  issued  by  tha  res- 
olution of  January  3,  1888.  The  prayer  of  the 
amended  petition,  was  a  repetition  of  the 
original  prayer. 

Tne  defendant,  upon  being  served  with  the 
amended  petition,  again  demurred,  and  his 
demurrer  being  overruled,  ho  again  answered 
specifically,  denying  everything  alleged  i.u  the 
petition,  aud  setting  up  several  matters  of  de- 
iens-*.  He  then  demanded  that  the  whole  case 
should  be  tried  de  no vo,  disregarding  all  the 
evidence  that  had  been  taken.  But  the  court 
refused  this  demand,  holding  that  the  evi- 
dence already  taken  might  properly  be  consid- 
ered, but  allowing  the  parties  to  introduce  evi- 
deuce  as  to  the  new  matters  embraced  in  the 
amended  pleadiuga. 

In  pursuance  of  this  order  the  trial  was  ro- 
sumcd  on  November  21st  between  the  peti- 
tioner and  defendant,  and  thereupon  the  case 
was  argued,  submitted  and  decided. 

No  notice  of  the  changes  introduced  into  the 
petition  by  the  amendments  above  mentions! 
was  ever  published  or  served  in  any  manner 
except  upon  the  defendant,  but  thy  court  in 
its  findings  and  decree  confirmed  tmd  declared 
valid  not  only  the  order  of  July  31,  1889.  re- 
lating to  the  'issue  and  .sale  of  the  $400.000  of 
bonds,  but  also  the  order  of  January  3,  1^88, 
relating  to  the  issue  of  $800.000,  which,  as  we 
havo-  said,  was  mentioned  for  the  first  time  in  | 
the  amended  petition. 

Such  being  the  caso,  the  appellant  objects  to 
the  published  notice  of  the  tiling  of  the  peti- 
tion"; first,  that  it  was  insufficient  as  a  notice 
of  the  original  p"tition;  and  second,  that  it 
could  not  possib?/  confer  upon  the  Superior 
Court  any  jurisdiction  to  confirm  tiie  proceed- 
ings alleged  for  the  firsc  tune  in  the  amended 
petition. 

Tiie  statute  (sec.  3)  requires'  that  the  notice  ; 
shall  state,  among  other  things,  the  prayer  of  ' 
the  petiliou,  and  it  is  contended   that  this  no- 
tice did  nut  slate  the  prayer  of  the  petition. 

But  we  think  the  notice  contained  every- 
thing necessary  to  a  substantial  compliance 
with  the  law. 

The  prayer  of  the  petition  must  be  read  in. 
connection  with  the  peiitioii  itself  iu  order  to 
undersuuid  its  meaning,  but  so  read  it  is  clear 
and  intelligible,  and  is  in  effect  a  prayer  for 
the  judicial  examination,  approval  and  cou- 
firtaatioa  of  all  the  proceedings  set  out  in  the 
petition,  including  those  for  the  organization 
of  the  district,  for  they,  like  the  rest,  were  es- 
i  to  the  legality  aud  validity  of  the 
no;;ds,  aud  accordingly  tho  statute  (sec.  5)  ex- 
pressly confers  power  and  jurisdiction  upon 


the  court,  in  all  ._ 

tiou.oi'  bonds,  to  examine  and  determine,  ap- 
prove and  confirm  the  proceedings  for  the  or- 
ganization of  the  district,  as  well  a-  all  other 
proceedings  that  may  affect  the  legality  and 
validity  of  the  bonds  arid  the  order  for  their 
sale. 

The  prayer,  therefore,  was  sufficient  when 
read  in  connection  with  the  petition,  but  to 
have  repeated  it  in  its  literal  terms  in  the  no- 
tice would  have  been  meaningless,  and  the 
only  way  to  "state"  it  was  to  give  its  substance, 
as  was  done. 

Of  course,  to  a  person  entirely  ignorant  of  the 
law  authorizing  and  regulating  the  proceed 
ings,  the  notice  may  have  been  unintelligible, 
but  it  would  have  been  equally  so  to  such  u 
person  if  the  prayer  of  the  petition  had  been 
us  lull  and  specific  aa  the  allegations  upon 
which  it  was  founded,  and  had  bden  copied 
verbatim  in  the  notice. 

A  knowledge  of  the  law  is,  however,  imputed 
to  every  one  interested  in  the  proceeding,  and 
it  is  decided,  in  Li:nt  vs.  Tillson,  supra,  that 
the  notices  required  in  cases  of  this  character 
are  to  be  construed  o,nd  aided  by  reference  to 
the  statute. 

So  read  and  construed,  we  think  that  the 
notice  in  this  case  was  in  substantial  com- 
pliance with  the  statute,  and  imparted  suffi- 
cient notice  to  all  the  world  that  the  directors 
of  Modesto  irrigation  district  No  1O03  would, 
on  the  24th  day  of  Anguat,  ISbi),  submit  the 
question  of  its  corporate  existence  and  the  reg- 
ularity of  all  its  proceedings  "for  the  issuance 
and  sale  of  its  bonds,  so  f^ir  as  the  saivae  were 
set  out  in  its  petition  on  file,  to  the  Superior 
Court  of  Stanislaus  county,  and  would  ask  the 
court  to  decree  the  regularity  of  all  such  pro- 
ceedings; and  we  think  that  all  persons  inter- 
ested in  the  district,  being  so  notified  of  the 
time  of  the  filing  of  the  petition,  and  of  the 
office  in  which  it  remained  as  a  public  record, 
were  bound  to  Vike  notice  of  its  specific  allega- 
tions, and  if  they  had  any  objection  to  the  con- 
firmation of  the  orders  and  proceedings  re- 
ferred to  in  the  prayer  of  the  petition,  that  they 
were  required  to  present  their  objections  to  the 
court  at  the  time  and  place  mentioned  in  the 
notice,  or  be  forever  precluded — they  and  their 
successors-— from  questioning  the  Validity  of 
the  bonds  issued  in  pursuance  of  such  proceed- 
ings. 

but  could  the  court,  without  the  publication 
of  a  new  notice  for  the  statutory  period,  ac- 
quire jurisdiction  to  examine  and  makj  u 
valid  confirmation  of  proceedings  not  set  out 
in  the  petition  on  file  when  the  original  notice 
WAS  published,  and  to  which  it  alone  referred? 
Or,  to  state  the  question  more  precisely,  could 

the  court,  bv  giving  notice  oC  a  potition  to  con- 
linn  an  order  for  the  issue  and  sale  o;  bon 
the  amount  of  $400,000,  acquire  jurisdiction 
to  confirm  an  order  for  M-.e  i^suaru.-o  ot 
to  the  amount  of  $800,000?    \Ve  uo  net 
it  could. 

The  only  answer  which  respondent  makes 
upon  this  point  to  the  contention  of  app 
is  that  he  had  notice  of  thy  amended  com- 
plaint, that  he  demurred  and  au&werea  to  its 
allegations,  and  therefore  cannot  be  heard  to 
object  that  other  persons  had  iio  notice. 

Of  course,  in  ordinary  proceedings  intended 
to  fasten  a  liability  upon  particular  dofend- 
uvits,  and  in  which  '  IVK:;J  i^iy  be  nuvlo.  inde- 
pendently liab'ii-,  tl.i'r!  would  bo  n  sufficient 
answer.  "But  here  tlio  proceeding  is  in  re:n, 
and  its  object  i*  to  establish  tlio  validity  o)  the 
bonds  as  against  t  ho  irrigation  district  and  MI 
persons  interested  ii:  the  district.  To  be 
elective  for  the  Protection  oi'  investors  or  of 
advantage  to  thf  district,  the  Judgment  should 
bind  ail  the  world.  A  judgment  binding  upon 
the  appellant  aloos  must  bo  in  effect  a  nullity, 
leaving  the  district  in  precisely  the  stimc  posi- 
tion it  v,ra..-s  in  before  the  proceeding  was  com- 
menced. 

Such  being  the  case,  this  appellant,  ns  land- 
owner of  the  district,  directly  interested  in  the 
price  to  be  realised  upon  u'sale  of  its  bonds, 
hafc  a  right  t'.  insist  that  the  stops  iiec?ssary  to 
give  the  court  jurisdiction,  to  pronounce  a 
binding  decree  siiall  IK-  r.  gular/ly  taken. 

And  wo  c;.n  svsMiit   escape;  from  the  conclu- 


sion that  t: 

i  confirm   the  or  ihe 

I  issuance  of  .-  of   the  dis- 

trict, ig  erroneous  and  void  for  want  of  juris- 
diction.    But    we  think" the- re   is  no  doubt  that 
the  Superior  Court   had   jurisdiction,  acquired 
by  full  compliance  of  the  'aw,  to  examine  into 
and  confirm  th"  onv>r  »!'  Jnly  ;>!.,  1H89,  for  the 
issuance  and  sale  oi   ?;<lo;),000  of  the  bonds    of  i 
the  district,  and   that  as  to  that   order  the  de-  ', 
cree  may  be  affirmed  if  it.  and  the  proceedings 
upon  which  it   was  founded,  were  regular  und 
legal. 

To  sum  up  this  branch  of  the  case,  we  are 
told,  with  reference  co  the  points  presented  by 
appellant,  as  follows: 

The  object  of  the  act  of  March  1«,  1889,  is  to 
provide  a  security  for  investors  and  promote 
the  advantage  of  the  irrigation  districts  e>y 
enabling  th«  courts  of  the  State  to  render  a 
judgment  binding  on  all  the  world  as  to  the 
validity  of  bonds  to  be  offered  for  sale  by  such 
districts. 

To  obtain  such  judgment  the  petition  should 
set  forth  the  particular  orders  for  the  issuance 

'  and  sale  of  bonds,  confirmation  of  which  is  de- 
sired. How  fulh-  the  preliminary  proceedings 
must  be  alleged  is  a  question  which  does  not 
arise  here;  but  with  respect  to  the  organiza- 

:  lion  of  the  district,  it  is  only  necessary  that  its  ! 

1  due  organization,  and  the  election  of  its  first 
board  of  directors,  should  be  nlleged  in  general  i 
terms.    The  prayer  of  the  petition  is  sufficient 

^  if  it  prays  for  tluvuxaniinatipn,  approval  and 

i  confirmation   of  the  proceedings    "afor 
for  the  issuance  and  salp  of   bonds  of  the  dis- 

•  trict,  and  the  notice  i.s  sufficient  if  it  states  the 
'  subUtuice  of  such  prayer  tvnd  in  other  r>j>;nects 
:  conforms  to  the  statute.     But  the  decree  of  the 

court,  cannot  go  bevond  the  orders  for  the  issu- 
ance and  sale  of  bonds  which  are  alleged  in  the 
petition,  and,   in  case  the  original   petition   is 
amended   by  setting  out  other  orders  for  the 
!  issuance  or'  sale  of  bonds,  the  court  will  not 
p  acquire   jurisdiction    to   confirm,  such    orders 
i  without  the  publication  of  a  new  notice  of  the 
amended  petition. 

A  decree,  however,  confirming  all  the  orders 
"  alleged  in  the  original  and  amended  petitions 

i  is  not  void  for  want  of   jurisdiction  as  to  the 

I  orders  set  out  iii  the  original  petition,  merely 
because  no  new  notice,  haa  been  given  of  the 
filing  of  the  amended  petition?  If  there  was 
due  publication  of  sufficient  notice  of  the 
original  petition,  the  decree  of  tho  court  con- 
firming the  orders  for  the  issuance  and  sale  of 
bonds  therein  Specifically  alleged,  and  of  all 
the  preliminary  proceedings  affecting  their 
validity,  including  those  for  the  organization 
of  the  district  and  the  election  of  its  first  boo.rd 
of  directors,  is  within  the  jurisdiction  of  the 
court  and  can  be  assailed  only  by  those  who 

!|  who  have  contested  the  proceeding,   and  by 

them  only   upon    the   ground    of    prejudicial 

errors  affecting  their  substantial  rights  which 

have  been  duly  excepted  to. 

In    this    case,  accordingly,  AVC  hold    that  so 

,1  much  of  the  decree  as  confirms  the  order  for 
the  issuance  of  $800,000  of  bonds  of  the  di-a- 

,  trict,  dated  January  3,  I'SSS,  is  void,  but  that 
it  should  be  aflirmed  so  iar  as  it  confirms  the 
order  of  July  31,  1889,  for  the  issuances  and 
sale  of  $400,000  of  the  bonds  of  the  district, 

•  unless  in  conducting  the  proceeding  the  Supe- 
;  nor  Court  committed  error  to  the  prejudice  of 
:  this  appellant 

i  The  first  point  urged  by  the  appellant  upon 
this  branch  of  the  case  is  that  the  Superior 
Court  had,  erred  in  confirming  the  proce^ 
of  the  Board  of  Supervisors  in  organizing  the 
district,  because  said  board  by  including 
in  the  city  of  Modesto  had  violated  the  follow- 
ing provision  of  the  Wright  law:  "N'orshuH 
any  lands  which  will  not  in  the  judgment  of 
soid  board  be  benefited  by  irrigation  by  ^ai<i 
system  be  included  within  such  district." 
(Stats.  18S7,  p.  30,  sec,  2.) 

It  appears  ironi  the  record  that  the  disl: 
originally  organized  contained  about  108,000 
acres  of  land,  including  the  city  of  Modesto,  a 
town  covering  about  'JOOO  acres  and  having 
about  3000  inhabitants  and  about  000  dwell- 
ing-houses, besides,  shops,  stores,  etc. 

One  propo:  is- to  '>e 


£j 

tioi'iV.'ii!  :  w  could  not 

•;    without  disregarding   many  of   its  ex- 
i'ue  time  reuder- 
I'Ac.ticrtl!  v  inoperative. 
•ourttme  tiio  law  to    mean  that  the  board 
nmv  include  in  the   boundaries  of  the  i. 
alUands  which,  in  their  natural  state,  would 
be   benefited  by  irrigation   and  are  susceptible 
of  irrigation   by  one  ;>ysteni.  <  f  the 

fact  that    buildings    or    other  structures   may 
have    b  fl  her?  and  there  vn:>on  small 

lots,  Avhieh  are  thereby  reudeVed  unfit  for  culti- 
vation, at  tiu>   same   time  thai  their  value  for 
uurposis    may    have    been    greatiy   en- 

So  constrted,  we-  can  see  no  objection  to 
the  law  upon  Constitutional  grounds  or  grounds 
oi  expediency. 

As  to  the  owners  of  such  property,  it  seems 
reasonable  to  assnnie  that  they  must  partloi* 
indirectly  at  le/isst,  in  nuv  benefits  the 
district  may  derive  frorn  this  successful  inaugu- 
ratioii  of  a  system  of  irrigation;  but  aside  from 
this,  the  law  contains  an  express  provision  de- 
signed to  secure  to  them  a  benefit  exactly  cor- 
ding to  any  burden,  to  which  they  >< 
subjected,  and  in  that  respect  is  fsr  more  f-qui- 
tab.e  than  many  oi  the  assessment  laws^vhich 
have  been  upheld  here  auii  elsewhere.  The 
provision  referred  to  is  this:  Every  taxpayer  of 
the  district  receives  a  portion  of  all  the  water 
distributed  exactly  equivalent  to  his  propor- 
tion o;  the  total  tax  levied,  and  this  water  i 


I  that  the  mere  fact  of  the  corporate  existoi:  ...mended  by  the  Appellant  I 

!  of  a  town  or  city,  though  situate  in  th 

of  a  district  uuscsptible  oi  irrigation  exclude,   by 

system,  necessarily  depnves  the  Beard  of  Sop-  '  tnarkatton,    'verv   nvnute    tract   or 
ervisors  of   lh»  county  of   the  power  to  itic!  •  .  •   covered  by  a  building 

any  of  the  luuds  within  the  corporate  limits  of  ,h-h  unfits  it  for  cultiva- 

such  city  or  town  in  an  irrigation  district. 
We  say  this  seems  to  be  a  proposition  of  the 
appellant,  because,  although  it  is  not  ex  i 
stated  in  terms,  it  appears  to  be  necessary  to 
sustain  his  contention;  for  if  it  lies  within  the 
discretion  of  the  board  to  include  in  an  irriga- 
tion district  any  part  of  the  lauds  of  a  town  or 
city  uoou  the  ground  that  iu  their  judgment 
such  part  will  be  benefited  by  irrigation  under 
the  system  proposed,  and  if  the  judgment  of 
the  board  upon  the  question  of  benefits  is  con- 
clusive of  the  fact— us  we  shall  sh»  A  that  it  is 
—there  ia  no  ground  upon  which  traourt  can 
say  that  an  order  including  all  the  lauds  of  a 
city  or  town  in  such  district  is  void. 

The  idea  of  a  city  or  town  is  of  course  asso- 
ciated with  the  existence  oi  streets,  to  a 
greater  or  less  extent  lined  with  shops  and 
stores,  as  well  as  of  dwelling-houses,  but  it  IK 
also  a  notorious  fact  that  in  many  of  the  towns 
and  cities  of  California  there  are  gardens  and 
orchards  inside  the  corporate  boundaries  re- 
quiring irrigation.  It  is  equally  notorious  that 
in  many  districts  lying  outside  of  the  cor- 
porate limits  of  any  c'ity  or  town  there  are  not 
only  roads  a;:d  highways,  but  dweliiug-b 
outhouses,  warehouses  and  shops.  With  re- 
spect to  these  things  which  determine  the  use- 
fulness of  irrigation  there  is  only  a  difference 
of  degree  between  town  and  county.  1  he  ad- 
vantages of  irrigation  to  a  town  like  Riverside, 
in  San  Bernardino  county,  for  instance,  no  one 
could  deny,  and  the  difference  between  sue; 


CUUH-l  *-lcli.>  ,   lliav^    tut;    Ufi~llb4.VLi.wu      wx^wti^'^**   onxo*   v*         Li^il   Ul    1-UX.    LUl.;«.l   bt»4.   iUVlCU,   rvilli       1/lilO       VI  tl.bc*.       *c 

town  and  those  places  where  irrigation  would    his  to  use  of  to  sell,  as  he  may  elect,  so  that   if 


be  as  manifestly  out  of  place  are  not  marked 
by  any  hard  and  fast  line  which  would 
enable  a  court  to  lay  down  a  rule  of  dis- 
crimination. The  question  whether  in 
any  particular  case  a  town  will- 
whole,  be  benefited  directly  by  the  application 
of  water  for  irrigation  ir.  in  its  nature,  and  un- 
der existing  conditions  must  remain,  a  ques- 
tion of  fact  to  be  decided  by  that  tribunal  to 
whose  discretion  it  had  been  committed  by  ih 


his  lot  is  not  fit  for  cultivation, he, nevertheless, 
gets  a  full  equivalent  for  the  tax  assessed  to 
hi  m.  (Stats.  1887.  p.  34,  Sec.  11.) 

Upon  these  grounds  we  hold  that  a  city  or 
town,  or  a  portion,  thereof,  may,  in  a  proper 
case,  be  included  in  an  irrigation  district. 

As  to  v.'hnt  is  or  what  is  not  a  proper  case  for 
such  inclusion,  the  decision  of  that  question 
has  been  committed  to  the  several  Boards  of 
Supervisors,  whose  discretion  is  not  subject  to  . 
Upon  matters  affoot- 


1  Legislature.     It  is  very  certain  thai  the   Legis-  .  the  control  of  any  court. 

i  lature  intended  that  cities  and  towns  should  in  j  jng  their  jurisdiction  the  orders  of  the  Board 

I  proper  cases  be  included  in  irrigation  districts,  '  of  supervisors  may  be  open  to  review,  but  upon  [ 

the-qucstion  of  fact  as  to  what  lands  will  or  ; 

will   not  be  benefited  by  irrigation  their  de- ] 


for  trie  act  expressly  provides  lor  the  assess- 
ment and  taxation,  according  to  their  vaiue, 


not  only  of  city  ami  town  lots,  but  also  of  the    clsion  is  final  and  conclusive.     (See  section  2  of 

the.  act,  Statutes  of  1887,  o.  30.) 

Tiie  formation  of  irrigation  districts  is  ac-  : 
complished  by  proceedings  i so  closely  analogous  j 
to  those  prescribed  for  ths  formation  of  swamp  '. 
land  reclamation  districts  that  the  d<  visions 
With  respect  to  ths  latter  are  authority  as  to 
the  former,  and  w»»  cite  as  eoiiclmive  of  this 


improvements  tuerton.  (Stats.  3SH7,  p.  . 
sees.  IS  et  sc-q.)  And  this  section  of  the  law 
was  made  an  argument  against  its  constitu- 
tionality in  tne  ease  of  Turiock  Irrigation  Dis- 
trict vs.' Williams,  in  whicn  its  constitutional- 
ity was  affirmed.  (7G  Cai.  SliO.)  Such  having 
been  the  intention  of  the  Legislature,  as  is 


clearly  apparent,  and  it    being    eqtiady  clear  point  People  vs.  linear,  TvJ  Cal.    181;    id.,   06 

I  and  notorious  as  matter  of  fact  t  ii;i,t   there  are  <_;.,].  GO.  Many  other  decisions  to  the  same  effect 

cities  and  town;-)  which  not  only  may  be  bone-  Rr%  cited  in  the  briefs  of  counsel,  but  we  deem 

tited  by  irrigation,  but  actually  nave  in  profit-  it  unnecessary  to  refer  to  them  heie. 
!  able  use  extensive  systems  for  migrating  land  ,      The  Superior  Court*di  i  not  err,  therefore,  in 

within  their  corporate  limits,  it  cannot  be  de-  refusing  to  allow  the  appellant  to  iutroauce 

nied  that  tne  Supervisors  uf  Stanislaus  county  evidence  for  the  purpose  of  proving  that  his 

had  the  po\ver  to  determine    that    the    lauds  and  other  lots  in  the  city  of  Modesto  would  be 
comprising  the  citv  of  Modesto  would  be  bene- 
fited by  irrigation,  and  might  be  included  in 
an  irrigation  district. 


benefited  by  the  proposed  system  or  any  sys- 
tem of  irrigation.  Nor  did  the  court  err  in  re- 
fusing the  offer  of  appellant  to  prove  that  the 


There  was,  it  appears,  A  large  majority  of  the  ,  Board  of  Supervisors  wrongfully  included  the 
electors  of  Modesto  in  favor  o]  such  inclusion.  ' 
but  the  appellant  and  others  owning  buildings 
objected  to  being  included  in  the  distrii 
the  ground  that  their  lots  covered  with    s 
shops  .and  warehouses  would  not  be   benefited. 
If  tnis  objec  -<mr.d  for  e  . 

ing  the  city  iroiu  tin-  iu>triet  it  is  probable  that 
no  district  could  over  be  suocsssfully  or 
r,  iu  the  nature  of  things,   an  irrig 

and  no  matter  how  purely    rural  and  ag 
rural  the  community  may   b 

•re  within  its  limits  a  shop  or  wuiv- 


city  of  Modesto  in  the  irrigation  district,  for 

the  purpose  of  carrying  out  the  scheme  of  or- 
ganization, against  the  wishes  of  the  farmers 
outside  the  city. 

To  entitle  the  appellant   to  prove  that  the 
board  asid  its  members,  well  knowing  that  the 

no'district"  ecmlu  ever   be  suoCsMfully  orgili-  ;  lands  of  the  city  would  riot  be  benefited  by  irri- 

Tthelerfi,    included  them  for  : 


the  corrupt  purpose  eugg«0ted,  and  not  in  the 
exercise  of  their  honest  judgment  and  discre- 
tion, tho  facts  constituting  the  fraud  should 
have  been  fully  pleaded  in  the  answer,  but  no 


house  covering  a  limited  extent  of  ground  that    such  facts  as  he  offered  to  prove  wora  pleaded. 


an  derive  no  direct  benefit   from   the  use  of 


w-iiter    for    irrigation.    Here,  ag-ain, 

N  and    cv>unty    is  • 
>ion    in    fir 


It  is,  indeed,  alleged  that  the  order  includ- 
ing the  city  was  not  made  in  the  exercise  of 
tho»  judgment  and  discretion  of  the  board,  but 
contrary  thereto.  This  .allegation  is  part  of  a 
separate  defense,  in  which  it  i.-j  coupled  with 
other  allegations,  going  to  show  that  the  lauds 


i  district,  M  o{  the  city  W0uld  not  'be 

owncr  oi  similai    tiojj>  but  -jt  is  nowhe 

property  outside  of 


or  any  of  its  m,'iabers,  actually  believed  at  me 
;  time  they  offered  such  lands  to  be  included  in 
,  the  district,  that  they  would  not  be  benefited. 
|  Jjhe  court,  therefore,  properly  sustained  the 

•  objection  that  the  offered  evidence  was  imina- 
,  terial. 

<     As  to  all  such  matters  as  were  alleged  in  the 

•  answer,  the  evidence  shows  that  the  Board  of  ; 
I  bupervisors  acted  with  the  utmost  deliberation  ' 
i  upon  the  petition  for  the  organization  of  the 

district;  that  they  heard  and  considered  num- 
erous objections,  and  the  testimony  offered  in 
support  of  them,  and  did  not  make"  their  final 
decision  until  the  time  allowed  for  decidin^ 

Thf 


sale  ui'  oui! 

iv    more    or  tes.1  valid, 
wuetaer  tho  order  of  exclusion   was   legal  or 

Superior  Court  did  not  err  in  holding 
1  that  thy  $4=00,000  of  bonds  ordered  to  be  issued 
and  sold   by  the  orrlor  of  July  31,  1839,  was 
part  of  the  issue   of  $800,000  proposed  and 
voted  and  ordered    issued    January    o,    1S»8. 
Th-  evidence  fully  sustains   the  finding,  and 
tnere  is   nothing  really  opposed  to   it  except, 
I  that  tho  resolution   of  the  bo.ird 
loos  not  in  express   terms  coule 


the  issue  ana  sale 
with  fcne  previo 


express    terms   couple 
of  the  .vli>o,ooo  of  bonds 

for  appellant  arises  i;  issua^  oi^'xTo^  uf'topK  ^The^a 

the    directors    to    issue    the     bonds    to   that'1 
amount,  the  Board  of  Supervisors  had  ordered 
a  portion  of  the    district   embracing    ^8,000 
acres  to  be  cut  off  and  excluded  therefrom. 

It  is  contended  that  this  order— which  was 
OIIQ  of  the  proceedings  confirmed  by  the 
Superior  Court— was  void  for  want  of  jurisdic- 
tion in  the  board  to  make  it. 

The  prouc'e lings  for  the  exclusion  of  lands 


,  lent  to  irrigate 

one  hundred  and  eisht  thousand  acres,  and 
that  the  order  lor  the  issuance  and  sale  of 
$400,000  was  made  after  a  change  in  the  dis- 
trict and  a  change  of  plan  contemplating  the 
bringing  of  the  water  from  the  Tuolumnc  river 
sufficient  only  for  th«  irrigation  of  eighty 
thousand  acres,  does  not  destroy  the  relation 
between  the  last  order  for  the  sale  of 

._   „ ...„     bonds    and     the   original    nuthority   to    is?ue 

from  an  irrigation  district  of  which  they  for»i  I  tnexn.  The  authority  to  issue  bonds  is  \yhoily 
a  part  are  authorized  and  prescribed  by  ji  independent  of  the  source  of  supply  of  water 
another  act  amendatory  and  supplemental  to  '  or  any  phtns  for  obtaining  it.  There  is  noth- 

-    law  to  prevent  the  directors  from 
their  plans  in  this  reopect  whenever 

.    e,  „.  „,  ^  ,.„«,,.  ,        .  it  to  the  advantage  of  the  district  to 

for  exclusion  by  owners  of  lands  within  the  :  .  °  so-    And  any  order  they  may  make  for  the 

issuance  and  sale  of  bonds  must  be  referred  to 
the  prooesdings  by  whi 


the  Wright  act.  approved  February  lb',  1889    j  inS  iu  the  la 

(Stats.  1889,  p.  31.)  '  I  changing  the 

This  act  provides  for  the  filing  of  a  petition  ;  they  flnd  it tc 


district,  notice  of  the  filing  of  such  petition, 
and  time  and  place  of  hearing,  the  presenta- 
tion of  objections  by  parties  interested,  and  in 
certain  cases  for  a  submission  of  the  nutation 
of  exclusion  to  a  vote  of  the  electors  of  the 
district. 

Among  other  things  it  is  provided  that  if 
there  be  any  outstanding  bonds  of  the  district 
no  order  of  exclusion  can  be  made  without  the 
consent  in  writing  of  the  holders  of  such 
bonds,  acknowledged  as  deeds  of  conveyance 
are  required  to  be  acknowledged, 

It  is  contended  by  the  appellant  that  at  the 
time  the  petition  for  the  exclusion  of  the  28,- 
000  acres  was  -filed,  and  during  the  greater 
portion  of  the  time  tho  notice  of  the  hearin°- 
was  being  published,  there  were  outstanding 
bonds  of  the  district,  and  that  no  written  con- 
sent of  the  holders  of  said  bonds  was  ever  given 
to  the  making  of  the  order. 

But    the    fact   is    there  never  were  any  out- 
standing bonds ol  the   district.    Its  bonds,  as' 
above  state-.!,  mid  more  than  once  been  offered  ' 
for    sale,  and   at  onu  time  a  bid  for  $50,000  of 
the  bonds  had  been  made  by  Tucker  &  Parley  , 
and  formally  accepted  bv  the  directors. 

But  the  evidence  shows  that  at  the  time  of 
the  making  and  accepting  of  this  bid  there  was 
an  understanding  between  the  bidders  and  the 
directors  that  tho  former  were  not  to  be  held  to 
their  offer  unless  they  could  succeed  in  negoti- 
ating a  sale  of  the  b-juds  to  some  outside  party, 
and  a«  they  failed  to  do  so  the  bonds  bad 'never 
been  issued  or  paid  for.  And  prior  to  the  mak- 
ing of  the  order  of  exclusion  Tucker  &  Perley 
hud,  upon  their  written  request,  boeu  released 
from  their  offer  by  formal  resolution  of  the 
board  of  directors. 

Such  being  the  case,  it  is  clear  that  there  had 


h  alone  such  order  is 

authorized,    whether   they   are   expressly   re- 
ferred to  or  not. 

The  Superior  Court  did  not  err  in  refusing  to 
try  the  case  de  novo  after  the  filing  of  the 
amended  petition.  All  the  evidence  that  had 
been  taken  was  applicable  to  the  issues  formed 
by  the  amended  pleading?,  and,  indeed,  the 
principal  object  and  only  effect  of  the  amend- 
ments to  the  petition  was  to  make  it  conform 
to  the  evidence  already  in.  It  would,  there- 
fore, have  been  a  nit-re  waste  of  time,  as  well  as 
a  most  unusual  practice,  to  have  introduced 
anew  the  evidence  already  before  the  court. 

It  is  contended  that  the  board  of  directors 
never  had  any  authority  to  issue  any  bonds  of 
the  district,  because  no 'legal  notice  was  given' 
of  the  special  election  at  which  the  proposition 
co  issue  bonds  was  submitted  to  a  vote  of  the 
electors. 

The  pdint  of  this  objection  is  that  the  gen- 
eral notice  prescribed  by  section  5  of  the 
Wright  act  (Suits.  1887,  p.  'ol)  was  not  posted 
in  the  office  of  the  board.  But  this  'was  a  ; 
special  election  held  under  section  15  of  the 
act,  page  35,  and  the  notices  prescribed  by 
that  section  were  duly  given.  As  we  construe 
the  law,  that  section  applies  to  such  special 
elections,  to  the  exclusion  of  section  5. 

It  is  contended  that  this  judgment  cannot  be 
sustained,  because  the  proceeding  was  com- 
menced before  any  bonds  had  been  issued. 
According  to  appellant's  construction  of  the 
supplemental  act.  no  proceeding  can  be  com- 
menced under  it  until  bonds  have  been 
actually  issued.  There  may  be  something  in 
the  literal  terms  of  the  title,  and  one  or  two  ', 
clauses  of  the  act,  to  countenance  this  cou-  < 


not  only  hevir  been  any  outstanding  bonds  of  -'•  siruction,  but,  read  as  a  whole,  and  with  refer- 


the  district,  but  that  at  the  date  of  the  order  of 
exclusion  there  was  not  even  a  subsisting  con- 
ir;ua  for  the  issuance  of  tho  bond-. 

We  cannot  perceive,  therefore,'  that  the 
court  committed  any  error  in  decreeing  the 
validity  of  the  order  of  exclusion. 
But,  even  if  the  decree  had  been  in  that  re- 
••rroncous,  it  is  by  no  means  clear  that  it 
would  luivy  boon  material.  For  the  order  of 
exclusion  is  not  one  of  the  orders  set  out  in 


once  to  its  manilest  purpose  and  the  evil  it  was  | 
intended  to  correct,  it  must  be  construed  as  j 
allowing  the  proceeding  to  be  commenced  as  i 
soon  as  any  resolution  has  been  adopted  for  ' 
the  issue  and  sale  of  bonds. 

Finally,  it  is  contended  by  appellant  that  the 
authority  originally  grunted  to  the  directors  to 
issue  bonds  to  the  amount  of  $800.000  at  the 
time  when  the  district  embraced  108,000  acres  ; 
ended  with  tho  order  excluding  25,000  acres; 


the  petition  of  the  respondent,  confirmation  of     for'  ne  say*>  even  if  the  Legislature  intended 
which  is  prayed.      It  is  alleged,  for  the  first  -  to  bind  the  new  or  reconstituted  district  by  n 


tiiue,  intlu;  answer  of  appellant,  and  its  in- 
f(s  UUUUM-  oi  deionse  and  as  a 
jrv-ouiui  ior  refusing  couTinuation  of  the  order 
tanpe  and  salt  of  bunds.   It  is,  there- 
iore,  material  only  so  f.-ir  us  its  validity  and  in- 
y  ailects  such  order  for  the  issuance  and 


vote  of  the  old  district  the  law  to  that  extent 
would  be  unconstitutional.  (Citing  sections 
11,  12  and  13  of  Article  XI  of  the  Constitu- 
tion of  California,  and  section  10,  Article  I,  of 
the  Constitution  of  the  United  States.) 
If,  alter  this  district  had  actually  incurred  a 


...      debt  by  the  issuance  of  bonds,  a  nortiou  of  the 


lauds  of  the  district  had  been  excluded  with- 
out the  consent  of  the  owners  of  the  lands  re- 
maining, the  argument  ol  appellant  on  this 
point  would  have  had  much  force,  and  would 
at  least  have  been  deserving  of  serious  consid- 
.  eration.  But  the  fact  being  that  at  the  time  of 
the  exclusion  of  128,000  acres  from  this  district 
it  had  no  debt,  and  that  alter  notice  oi  the 
proceeding  no  objection  was  made  to  such  ex- 
clusion by  any  person,  there  is  no  basis  ior  any 
claim  of  injustice  or  violation  pi'  constitutional 
rishis.  The  identity  of  the  district  was  not 
destroyed  by  the  exclusion  of  apart  of  its  lands. 
i  Those  who  remain  iu  tne  district  v/ill  receive 
j  all  the  benefits  of  the  expenditure*  of  the  pro- 
I  ceeds  of  its  bonds?;  they  will  not  be  compelled 
to  pay  for  anything  for  the  benefit  of  others. 
Nor  is  there  anything  in  the  law  to  compel  the 
directors  of  the  district,  as  constituted,  to  ex- 
pend the  whole  amount  of  bonds  authorised,  if 
uch  amount  shall  not  be  needed.  The  pro- 
-isiou  of  section  15  for  the  issuance  of  the 
>onds  voted  is  merely  directory,  leaving  it  in 
he  discretion  of  the  board  to  issue  and  sell 
uch  amount  of  bonds,  within  the  amount 
roted,  and  at  such  timea,  as  they  may  find  ex- 
>edient. 

Upon  a  review  of  the  whole  case,  we  con- 
lude  that  all  the  proceedings  examined,  ap- 
»roved  and  confirmed  by  the  Superior  Court. 
vere  regular  and  valid,  but  that  the  court  did 
lot  acquire  jurisdiction  to  confirm  the  order 
irresolution  of  Januarys,  1888,  for  tne  issu- 
ance of  $800,000  of  the  bonds  of  the  district 
in  this  proceeding.  The  order,  however,  is 
not  essential  to  the  validity  of  the  order  for 
the  issuance  and  sale  of  i*>400,000  of  bonds, 
which  depends  upon  and  is  sustained  bv  tne 
other  proceedings  for  the  organization  of  the 
district,  and  the  issuance  of  bonds. 

It  is  therefore  ordered  that  the  judgment  and 
decree  of  the  Superior  Court  be  and  the  same 
is  hereby  modined  by  striking  out  so  much 
thereof  as  confirms  said  order  of  January  3, 
1888,  i'or  the  issuance  of  !?SOO,000  of  bond's  of 
respondent,  and  as  so  modified  the  judgment 
and  decree,  as  well  as  the  order  overrun ug  ap- 
pallant's  motion  lor  a  new  trial,  are  affinnad. 
McFarland,  J.,  Paterson,  J.,  and  Sharpstein, 
J.,  concurred. 

HIGH    INDORSEMENT. 


WHAT  C.  P.  HUNTINGDON  THINKS 
OF  IRRIGATION. 


Able    Papers    by    Messrs.    Rhodes, 

Newlands,  Wright  and 

Jarboe. 


In  response  to  requests  from  the 
CHRONICLE  the  following  papers  upon  the 
subject  of  irrigation  and  irrigation  bonds 
have  been  prepared  by  the  gentlemen 
whose  names  are  signed  thereto.  None 
stand  higher  in  the  business  and  profes- 
sional world  than  Messrs.  Huutington, 
Rhodes,  Newlands,  Jarboe  and  Wright, 
and  their  judgment  upon  the  mat- 
ters referred  to  will  be  accepted 
as  conclusive  by  thousands  who 
have  not  had  au  opportunity  to  look  into 
the  subject  thoroughly  for  themselves,  and 
will  go  a  long  way  toward  convincing  the 
business  community  of  the  entire  country 
that  the  provisions  of  the  Wright  law  are 
eminently  just  and  benelicial  and  the 
bonds  issued  in  strict  accord: 


Lihat  low  constitute   an  investment  oTTTRT: 

(richest   worth.     In   connection   with   the 

!  letter  of  0.  P.  Iluntington   it   should   be 

stuted   that  that   gentleman  referred  the 

*  question  of  the  legal   status  of  the  bonds 
<;  to  the   Law   Department  of  the  Southern 
ij  Pacific  Company,  and   that  after  full  in* 

*  vpstigation   an   answer  was  returned   in- 
dorsing the  legality  of  the  securities  in  the 
most  emphatic  manner. 

C.     P.     IIUNTINGTON. 

A.  Clear    and    Pronounced    Statement  in 
FaTor  of  Irrigation. 

SAN  FRANCISCO,  April  22. —To  the  Editor 
of  ike  Chronicle  —  SIR:     Your    esteemed 
favor  of  April  17th  is  before  me.     The  ob- 
ject of  your  writing,  as  derived  from  your 
,  letter,  is  to  obtain  from  me  an  expression, 
i  either  in  the   form   of  a  letter  or  an  inter- 
view, as  to  the   solvency  of  bonds  of  irri- 
gation districts  formed  in  conformity  with 
the   provisions  of  what  is  known  as  the 
Wright  irrigation  law. 

Prior  to  the  receipt  of  your  letter  and 
the  examination  of  the  subject  which  it 
suggested  I  had  but  a  general  and  neces- 
sarily vague  idea  of  the  provisions  of  the 
law.  I  did,  however,  understand  clearly 
the  objects  of  thia  legislation  from  its  in- 
ception. Arid  lands  lying  under  favoring 
climatic  conditions  become  highly  pro- 
ductive and  valuable  by  the  application  oi 
water  through  artificial  channels;  in  fact, 
this  method  of  supplying  to  the  land  the 
necessary  moisture  to  produce  vegetation 
is  far  more  satisfactory  than  dependence 
upon  the  uncertainty  of  seasons.  The  lac- 
tors  upon  which  successful  field  culture 
deuend  are  climate,  fertility,  intelligent 
cultivation  and  moisture.  The  three  first 
oftiie.se  exist  throughout  the  country  and 
are  under  the  control  Jargoiy  oi  men.  You 
rind  the  climatic  conditions— that  is,  the 
clemency  of  climate— favoring  vegetation. 
You  can  lind  the  fertility  of  soil,  and  to 
this  apply  intelligent  cultivation;  but 
when  tne<e  have  been  found  the  fourth 
essential  in  unirrigated  countries  is  le.'t  10 
the  varying  vicissitudes  of  seasons.  This 
fourth  beins  under  control,  the  round  is 
complete,  and  the  profit  of  field  culture 
may  bo  us  sieudj"  and  unvarying  as  the 
accumulation  of  interest.  *  Irrigation, 
however,  demands  the  employment  of 
capital  and  tne  appropriation  and  appli- 
cation ot  water.  The  divers  osvnerahipa 
ot  the  land  _;;nd  the  water  may  give  rise  to 
conflicting  interests.  The  entire  fertility 
of  tne  land  being  dependent  on  the  water, 
tijcre  appears  to  bo  an  apprehension,  on 
the  part  of  those  owning  the  land  that  the 
ownership  of  the  water  is  an  undue  con- 
trol and  a  menace  to  the  rights  and  inter- 
ests of  the  landowner,  On  the  other  hand, 
latterly  the  owners  of  irrigation  systems, 
alter  having  invested  larsre  sums  of  money 
in  their  construction  and  development, 
:  complain  ota  disposition  on  tne  part  ot 
the  owners  of  the  land  to  regulate  by  law 
the  rate  at  which  the  irrigalors  are  served 
with  water  in  such  a  manner  as  to  deny 
ali  reward  to  the  capital  invested. 

Even  a  superficial  examination  of  the 
Wright  law  proves  that  the  o^j'-^-t  of  the 
legislation  was  to  combine  tile 'ownership 
ot  the  land  with  the  ownership  of  tiie 
svater.  The  theory  of  the  law  is  v'ory  com- 
hensible  and  si  nip!.-.  It  provides  that 


Junction  Talare  canal  and  Kaweah  river. 

an  ex  a  minaVion  "o  t'  'a  hy'd 'fog  rap  fnc  'sy  s  t  e  nTfan  ci  'eqiiitable.""T]Vus  "all  ~cohTiict    oi  in- 
shall   be   made,  surveys  for  ditches  com-  1  terest   between 
plcted  and   a  district  or  area  subject   to    necessary 


the  system  proposed  to  be  constructed 
shall  be  formed.  When  those  surveys  are 
filed  with  tho  Board  of  Supervisors — the 
local  legislative  body  for  the  county — :ai 
election  shall  be  culled,  under  the  autlior- 
ity  of  the  Supervisors,  of  the  qualified 
electors  in  the  district  lying  under  the 
proposed  ditch.  When  the  necessary  ma- 
jority in  favor  of  the  construction  of  the 
ditch  is  obtained,  then  bonds  shall  bo 
issued,  from  the  proceeds  of  the  sale\of 
which  the  ditches  shall  be  constructed 
and  the  water  introduced  into  the  coun- 
try. The  provision  of  the  law  makes 
these  bonds  a  lien  upon  the  land  bone 
tited,  and  the  money  to  meat  the  interest, 
payments  of  the  coupons  attached  to  the 
bonds  and  to  create  a  sinking  fund  for  the 
final  redemption  of  the  bonds  themselves 
is  collected  by  a  process  of  taxation 
;  simple  and  effective.  Thus  the  value  of 
1  the  land  subject  to  the  system  of  irriga- 
tion constructed  by  money  obtained  from 


the  owners  of  the  water 
to  fertilize  arid  lands  and  the 
owners  of  the  hinds  irrigated  is  elimi- 
nated, The  cultivator  of  the  soil  is  will- 
ing to  own  lands  subject  to  such  a  sys- 
tem, and  is  relieved  oi  all  apprehension 
of  oppressive  rates,  while  the  capital  em- 
ployed in  the  development  of  the  irriga- 
tion system  was  derived  from  the  value  of 
the  land  itself.  Thus  when  the  bonds  is- 
sued in  the  construction  of  the  system  are 
redeemed,  each  owner  will  have  a  perfect 
ownership  of  the  water  in  due  proportion 
to  his  holding.  _  These  provisions  appear- 
to  me  to  be  wise,  judicious  ami  effective. 
The  only  remaining  question  that  can  be 
raised  in  the  premises  relates  to  the  valid- 
ity of  the  act.  This  is  a  question  for  ]u- 
dicial  determination,  and,  as  is  well 
known  to  you  and  your  readers,  has  been 
passed  upon  by  the  Supreme  Court  of  the 
State  in  four  decisions  which  affirm  ihs 
constitutionality  ol  the  law  and  the  valid- 


bonds   issued  in  conformity 


ity    of  tha 
therewith. 

The  existing  status  of  the  case,  then,  ap- 
pears to  be:  First  —  irrigation  confers 
greatly  enhanced  value  on  the  lands  sub- 
ject to  it.  Second  —  The  irrigation  bonds 
i.sbued  as  relating  to  any  particular  dis- 
trict, if  such  bonds  have  been  issued  in 
strict  conformity  with  the  statutes  of  the 
{State,  are  a  first  mortgage  upon  the  lands 
lying  subject  to  the  irrigation  system  con- 
structed from  the  proceeds  of  their  sale. 


the  sale  of  the  bonds  is  offered  as  security 
for  the  payment  of  the  interest  and  the 
final  redemption  of  the  funded  debt. 

If  the  bonds  constitute  a  hen  upon  the 
land  which  may  be  enforced,  if  they  are 
a  valid  mortgage,  the  question  of  their 
solvenc3r  would  depend  upon  the  relation 
of  the  value  of  the  land  affected  by  them 
and  the  amount  of  the  bonds.  It  can 

.scarcely  ever   happen  that  the  amount  of    r         —  —    , *   *•««..*„«,«,. 

bonds  "necessary  to  be  issued  for  tho  pur-  The  bonds  art  therefore  a  mortgage  upon 
pos»e  of  constructing  an  irrigating  canal  valuable  real  propervy.  Third— As  a  rule 
would  ever  reach  more  than  a  bare  moiety  and  perhaps  in  all  cases,  the  value  of  the 
of  the  value  of  the  land  subject  to  the  ir-  land  greatly  exceeds  the  amoniu  of  the 
riaaiion  system  constructed.  My  infer-  mortgage  to  which  it  is  subject,  and  it 
mution  is  that  in  most  cases  from 'throe  to  should  therefore  follow  that  bonds  being  a 
seven  per  cent  of  the  value  of  the  laud  legal  and  valid  first  lien  upon  property 
only  is  required  to  construct  the  means  of  greatly  in  excess  of  their  face  value  and 

interest  are  perfectly  solvent  securities, 
equal  to  if  not  better  than  the  mortgages 
upon  real  estate  which  are  deemed  "by 
bankers  and  investors  to  be  preierred  se- 
curity for  the  repayment  of  loans. 

If  these  considerations  are  not  conclu- 
sive the  people  and  the  judiciary  of  Cali- 
fornia are  resting  under  a  delusion.  If  the 
legislation  already  had  does  not  establish 


its  irrigation.  1  mean  by.  this  the  devel- 
oped value  after  water  is  applied.  The 
land  subject  to  the  lieu  of  mortgage 
bonds  has  an  equitable  interest  in 
the  water  to  be  supplied  by  the 
irrigation  system.  There  is  in  its 
ultimate  sense  a  unity  of  ownership  as  to 
both  land  and  water,  an  ownership  which 
is  common  to  all  the  land,  and  the  appli- 
cation of  the  water  ia  placed  under  such 
regulation  as  to  make  its  distribution  fail- 


a  perfect  security  in  the  bomtsto  be  issued 
then  the  aces  passed   by   the   Legislature 


fall  short  of  their  design,  and  the  design 
the  people  of  California  had  in  securing 
their  enactment.  We  are  scarcely  at  lib- 
erty to  entertain  the  opinion  that  legisla- 
tion developed  in  the  thoughtful  and  care- 
ful mariner  which  has  attended  t!ie  his- 
tory of  legislation  upon  this  subject  in  this 
State  is  delusive;  that  the  Judiciary  Com- 
mittees in  the  Legislature  were  in  error; 
that  the  Legislature  itself  was  mistaken, 
or  that  the  highest  judicial  tribunal  of  irhe 
State  lias  erred  in  maintaining  the  valid- 
ity of  the  law  and  the  solvent  character  of 
the  bonds.  Tours,  very  truly, 

C,  P.  HU.XTINGTON. 


A.     JL.      JUiODES. 

A  Legal  Opinion  Upon  the  Wright  taw 
and  Its  Operation. 

To  the  Editor  of  the  Chronicle— SIR:  It  is 
often  said  by  capitalists,  when  solicited  to 
purchase  irrigation  district  bonds,  that 
the  bonds  have  recently  been  issued  and 
the  courts  have  not  decided  the  legal 
questions  involved  in  their  issue,  and  that 
they  will  not  invest  in  the  bonds  until 
those  questions  have  been  set  at  rest;  that 
they  will  not  rely  upon  the  opinions  of 
lawyers,  but  only  upon  the  judgments  of 
the  courts.  As  capitalists  are  laboring 
under  a  misapprehension  in  that  regard, 
or  are  wrongly  advised  by  their  counsel, 
and  as  the  bonda  of  many  ot  the  districts 
are  amply  secured,  and  at  the  current 
;  rates  are  among  the  very  cheapest  securi- 
ties now  offered  in  the  market,  it  is  verv 
desirable,  both  to  tne  districts  and  the 
capitalists,  that  they  should  be  apprised 
of  the  decision  of  the  courts  upon  the 
legal  questions  involved  in  the  issue  of 
the  bonds. 

A  brief  synopsis  of  the  decision  of  those 
questions  will  remove  the  most,  if  not  all, 
of  the  doubts  respecting  the  validity  of 
the  bonds  ot  many  oi  the  districts. 

Tiie  iiist  question  arising  in  the  minds 
of  capitalists  is  whether  the  district  was 
legally  organized. 

First— "The  Wright  act"— the  act  of 
1887  for  the  organization  of  irrigation  dis- 
tricts— is  constitutional,  that  is,  it  is  not 
repugnant  to  any  provision  o!  the  consti- 
tution of  this  State  or  of  the  United  States. 
This  was  expressly  t»o  decided  in  the  first 
two  of  the  irrigation  district  causes  \\ 
were  appealed  to  the  Supremo  Court  of 
this  State:  Turiock  Irrigation  District,  vs. 
Williams,  76  Cal.,  860;  Central  Irrigation 
District  vs.  De  Lappe.  79  Cal.,  351. 

The  question  of  the  constitutionality  of 
the  Wright  act  was  necessarily  involved 
in  all  the  other  cases  decided  uy  the  Su- 
preme Court,  and  the  decisions  in  all  of 
those  cases  having  been  rendered  in  favor 
of  the  districts,  those  decisions  determined 
by  necessary  implication  thai  the  Wright 
act  was  constitutional. 

In  holding  that  the  act  was  constitu- 
tional the  court  necessarily  determined 
that  itfe  district  could  be  formed  by  the 
Board  of  Supervisors;  tnat  the  proceed- 
ings for  its  formation  could  be  commenced 
by  a  petition  purporting  to  be  signed  uy 
the  requisite  number  ot  freeholders  filed 
with  the  board,  and  that  due  notice  to  all 
persona  interested  in  the  matter  ot  the 
formation  of  the  district  could  be  given 
by  a  publication  of  the  notice  provided  fur 
by  the  act,  stating  the  time  and  place 


when  and  where  the  petition  wouitTTJe 
heard.  For  that  is  the  mode  provided  !>v 
the  act  for  the  formation  of  a  district,  and  | 
it  would  be  senseless  and  absurd  for  the 
court  to  decide  that  the  act  for  the  forma- 
tion of  districts  was  constitutional  if  they 
could  not  be  formed  in  that  mode.  The  ! 
act  could  not  have  been  held  by  the  court 
to  be  constitutional  if  the  publication  ot 
the  notice,  above  mentioned  was  not  due 
notice  to  ail  persons  interested  in  the 
matter  of  the  form^ion  of  the  district,  or 
if  such  persons  were  not  thereby  afforded 
an  opportunity  to  appear  and  be  heard  in 
that  matter. 

Second— Irrigation  districts  are  public 
corporations,  in  the  sense  that  a  city,  a 
county  or  a  swamp-land  district  is  a  pub- 
lic corporation,  and,  they  being  public  cor- 
porations, the  proceedings  under  the  law 
providing  for  their  organization  are  to  ba 
liberally  construed,  so  as  to  give  effect  to 
the  law".  This  was  so  held  in  one  of  tho 
first  of  those  cases  that  reached  the  Su- 
preme Court  —  Central  District  vs.  De 
Lappe,  79  Cal.  851.  That  salutary  doc- 
trine wars  laid  down  in  the  very  able  opin- 
ion of  Jucl^e  Hayiie,  and  was  lully  con- 
curred in  hv  the  court.  That  doctrine  is 
of  great  value  to  all  the  districts  that  have 
not  lu-d  ths  proceedings  for  the  organiza- 
tion of  their  districts  und  lor  the  issue  of 
their  bonds  confirmed  under  the  provis- 
ions of  the  Confirmation  act  of  1839,  far  it 
enables  and  requires  the  court  to  disre- 
s*  U'd  any  irregularity  in  the  proceedings 
that  doos  not  affect  a  substantial  right. 

Third— Boards  of  Supervisors  have  com- 
petent authority  under  that  act  to  organ- 
ize irrigation  districts.  In  that  regard 
their  authority  is  quite  similar  to  that 
which  is  exercised  by  them  in  the  forma- 
tion of  swamp  land  districts,  and  in  that 
respect  their  authority  has  uniformly  been 
upheld  for  more  than  twenty  years.  Thia 
proposition  is  restated  because  it  has  been 
ur^cd  in  some  cases  that  the  Legislature 
had  not  competent  power  to  confer ^such 
authority  upon  boards  of  supervisor*. 
But  as  already  stated,  the  decisions  to  the 
eifeet  that  the  Wright  act  is  constitutional 
necessarily  decided  that  the  districts 
could  be  formed  by  those  boards.  The 
Constitution,  article  2,  sec.  5,  requires  tho 
Legislature  to  prescribe  the  duties  of  the 
boards  of  supervisors,  the  language  being 
the  same  as  in  the  Constitution  of  1349, 
and  the  court  having  uniformly  upheld 
statutes  authorizing  tnose  board's  to  form 
school  districts  and  swamp  land  districts 
and  to  appoint  justices  of  the  peace,  con- 
stables, etc.,  the  question  of  the  power  of 
the  'Legislature'  to  authorize  those  board* 
to  form  irrigation  districts  is  completely 
seJL  at  rest. 

Fourth— The  publication  of  the  petition 
to  the  Board  of  Supervisors  for  the  lorma- 
tion  of  the  district,  together  with  the 
notice  stating  tho  time  when  the  petition 
will  bo  presented  to  the  board,  if  pub- 
lished in  t!io  manner  and  for  the  time 
•ed  by  the  act,  constitutes  sufficient 
notice  to  ail  persons  interested  in  the  pro- 
posed irrigation  district,  or  in  lands  com- 
posing the  same-— in  other  words,  such 
publication  constitutes  "due  process  of 
law.  This  proposition,  though  decided 
in  the  ca->c.'3  above  referred  to,  is  again 
mentioned  for  the  purpose  of  calling 
)  the  logical  opinion  of  Justice 
Temple  in  <  mi-street  cases 


(Lea;  ^j-i),  and  to  ilia 

recent  decision  ot  tiie  Supreme  Court  of  the 
United  Stales  in  one  of  the  same  class  of 
eases,  both  of  which  hold  that  a  published 
notice  in  such  proceedings  is  due  notice  to 
all  persons  interested  therein,  and  consti- 
tutes "due  process  of  law." 

Fifth — It  has  not  been  expressly  de- 
cided by  tho  Supreme  Court— though  it 
has  be-on  i  y  some  of  the  Superior  courts— 
that  the  boai'd  can  concl'.isively  determine 
(he  questions  as  to  the  genuineness  of  the 
signatures  to  the  petition  and  as  to  the 
petitioners  being  freeholders  within  the 
proposed  irrigation  district,  but  the  de- 
cisions oi  the  Supreme  Court  of  this  State 
and  tho  larger  portion  of  those  of  the 
other  hirate.s  find  those  of  the  Supreme 
Court  ot  the  United  States  leave  no  room 
to  doubt  that  the  true  rule  is  that  the  de- 
termination of  those  questions  by  the 
board  is  conclusive  as  against  a  collateral 
attack.  It  is  so  held  in  the  swamp  land 
cases.  (People  vs.  Hagar,  52  Cal.  111.) 

In  tho  cases  of  the  districts  which  have 
had  the  proceedings  for  their  organiza- 
tion and  for  the  issue  of  their  bands  con- 
firmed, the  decree  of  confirmation  defi- 
nitely determined  that  the  petition  wafl 
sufficient  in  form,  that  the  facts  therein 
stated  were  true,  that  it  was  signed  by 
tho  petitioners,  and  that  it  and  the  notice 
\veredulypubiished.  The  decree  placed 
all  those  matters  beyond  the  reach  of  a 
successful  attack  by  any  person.  In  many 
of  the  other  districts  the  above  matters 
can  bo  proved  as  facts,  even  if  the  uecis- 


Ilecorder'.s  us  or 

the  board  were  had  in  couiormity  \yith 
the  provisions  of  the  ace,  the  district  is  a 
legal  and  valid  irrigation  district. 

Ten tli—  Alter  the  district  has  been  duly 
organized,  the  proceedings  ot  the  board  of 
directors  in  issuing  the  bonds  are  mainly 
ministerial,  and  the  only  questions  that 
could  arise  would  be  merely  whether  the 
provisions  of  the  act  had  "been  pursued; 
and  those  provisions  are  plain  ana  easily 
comprehended,  and  may  be  readily  fol- 
lowed. 

Eleventh — Tho  board  of  directors  may 
estimate  and  propose  the  amount  of  bonds 
needed  lor  the  construction  of  the  water- 
works. The  estimate  is  proven  by  the 
record  of  the  board.  The  order  calling 
an  election  upon  the  proposition  for  tha 
issue  of  the  amount  ot'  bonds  mentioned 
in  the  estimate,  the  notice  of  the  election 
and  the  canvass  of  the  returns  of  the 
election  can  be  proven  in  the  same  man- 
ner as  like  fac.tti  would  be  proven  in  ease 
ot  the  issue  of  bonds  by  a  county.  If  such 
proceedings  have  been  confirmed,  the 
decree  of  confirmation  conclusively  deter- 
mines that  those  proceedings  have  bean 
duly  ana  regularly  had.  If  there  has 
been  no  decree  of  confirmation,  counsel 
can  readily  ascertain  whether  those  pro- 
ceedings arc  regular. 

Twelfth — The  authority  granted  to  any 
public  corporation  to  create  a  debt  neces- 
sarily carries  wilh  it  both  the  power  and 
the  duty  to  raise  the  necessary  funds  fp* 
the  payment  of  the  debt  eoniracte  i  by  it, 


ion  of  the  board  be  held  not  to  be  conclu-    aud  a  no  other   means   are   .specially  pro- 
sive  of  the  truth  of  those  matters.  <  vided  by  the  law  applicable  to  the  corpora- 

Sixth — The    board    has    competent  aa-  .  lion  the  corporation  must  raise  the  necess- 
thority  to  determine  What   lands  shall  bo  j  sary    funds    by    assessment    or    taxation. 

This  proposition  has  o;tea  been  laid  down 
by  the  Supreme  Court  of  tha  United  States 
and  the  State  court.s,  and  there  are  no  de- 
cisions to  tne  contrary.  Assessments  upon 
the  lands  of  the  district  being  tha  means 
provided  by  the  Wright  act  by  which  the 
iunds  i. re  to  be  raised  lor  the  payment  of 
the  debt  created  by  the  issue  of  bonds, 
they  muse  lie  levied  us  the  debt  matures 
and  must  be  repeated  untiljjthe  debt  is 
satisfied.  In  Turiock  vs.  Williams,  supra, 
the  power  of  the  district  to  levy  assess- 
ments was  affirmed,  and  that  "doctrine 
has  not  silica  been  questioned  by  the 


included  within  the  proposed  irrigation  dis- 
trict, and  its  determination  in  taat  matter. 
is  conclusive  as  against  a  collateral  attack. 
The  doctrine  in  relation  to  the  authority 
of  the  board  in  that  regard  was  recently 
laid  down  by  tho  Supreme  Court  in  Mo- 
desto Irrigation  District  vs.  Tregoa,  de- 
cided March  19,  1891.  Attention  is  called 
lo  the  clear  and  forcible  opinion  of  the 
Chief  Justice,  in  which  many  of  the  ques- 
tions arising  -under  the  Wright  act  are 
carefully  considered,  and  all  of  them  are 
disposed  of  in  favor  of  the  district. 
Seventh — There  would  seem  to  be  no 


reason  to  doubt  that  the  board  can  legally    court,. 

order  an  election  upon  the  question  of  the 'i      Thirteenth — An   irrigation  district   can 


formation  ot  the  district;  or  that  tho 
board  may  establish  the  election  precincts 
and  appoint  the  officers  of  the  election,, 
and  canvass  the  returns  of  the  election, 
and  declare  the  result.  All  those  matters 
are  steps  in  the  proceedings  for  the  organ- 
ization of  the  irrigation  district,  and  it 


be  compelled  to  levy  and  collect  the  neces- 
sary series  of  assessments,  in  order  to  pro- 
duce the  moneys  required  for  the  payment 
of  the  principal  and  interest  of  the  bonds. 
In  addition  to  the  remedy  by  mandamus 
to  compel  the  levy  and  collection  of  the 
necessary  assessment  for  the  payment  of 


has  been   held,  as   above   stated,   that  the    the  bonds,  the  amendment  of    the  Wright 


board   has  power 
tion  district. 


to  organize  the  irriga- 


by  the    last    Legislature,  au- 
:  thorizes  the  Board  of   Supervisors  to  levy 


Eighth — There  is  no  room  to  doubt  that  an  assessment  in  case  of  a  default  by  the 
tha  notice  of  the  election  provided  for  by  board  of  directors.  The  question  of  the 
the  act,  is  a  sufficient  notice.  A  notice  validity  of  that  amendment  nas  not  been 
published  for  three  wce:cs  is  unquestion-^  passed  upon  by  the  court;  but  there  would 
ably  due  notice  of  any  election,  so  far  as"  seem  to  i>e  no  ground  upon  which  it  can 
regards  the  time.  be  held  that  it  is  invalid.  The  Constitu 

Ninth— The  record  of  the  canvass  of  the  tion  provides  that  the  Legislature  shall 
returns  ot  the  election  is  conclusive.  Ail  prescribe  the  duties  of  the  Boards  of  Su- 
the  cases  so  hold.  If  the  voie  of  the  pervisors;  and  as  the  court  has  sustained 
doctors  was  in  favor  of  the  organization  of  laws  requiring  the  boards  to  organize 
the  district,  and  the  board,  in  its  order,  swamp  land  districts,  and  irrigation  dis- 
has  defined  the  boundaries  of  the  district,  tricts,  to  levy  school  district  taxes,  to  ap- 
aud  the  order  has  been  filed  in  the  proper  point  Justices  of  the  Peaee,  constables, 


etc.,  it  would  seem  that  the  Legisla- 
ture may.  with  propriety,  prescribe  that 
this  dutv  shall  be  performed  by  the 
Boards  of  Supervisors. 

Fourteenth — A  sale  of  a  parcel  of  land 
within  an  irrigation  district,  in  proceed- 
ings to  collect  an  assessment,  does  not 
discharge  or  exempt  euch  parcel  of  land 
from  the  lien  of  any  future  assessment. 
In  tnat  respect  the  assessment  is  like  a 
tax,  which  may  be  levied  annually  upon 
ell  the  lands  within  the  county  for  the 
payment  ol  the  debt  of  the  county. 

Fifteenth— Mention  is  above  made  of 
confirmation  proceedings,  and  the  effect 
of  the  decree  of  confirmation  is  alluded  to. 
Only  a  few  of  the  districts  have  procured 
Buch  decrees,  but  it  is  believed  that  the 
proceedings  on  behalf  and  by  many  other 
districts  have  been  conducted  with  such 
care  that  the  districts  may  procure  decrees 
ot  confirmation  should  they  apply  for 
them.  In  Modesto  Irrigation  District  vs. 
Tregea,  above  cited,  the  court  affirmed  the 
decree  of  confirmation  rendered  by  the 
Superior  Court. 

The  effect  of  such  a  decree  was  declared 
in  Crall  vs.  Poso  Irrigation  District,  de- 
cided December  15,  1S90.  In  that  case  a 
landowner  sought  to  enjoin  the  sale  or  the 
bonds,  he  reiving  upon  almost  all  con- 
ceivable objections  to  the  proceedings  for 
the  organization  of  the  district  and  ttrt 
issue  of  the  bonds,  and  the  district  in 
answer  to  his  complaint,  and  as  a  bar  to 
tbe  relief  sought  by  him,  set  up  the  decree 
of  confirmation;  and  both  the  Superior 
and  the  Supreme  Court  sustained  the 
answer  and  held  that  the  confirmation 
decree  was  as  conclusive  as  it  was  possible 
for  a  judgment  to  be,  and  that  it  abso- 
lutely precluded  the  plaintiff  from  setting 
up  any  of  his  Abjections. 

To  the  suggestion    that   the    Supreme 
Court  of  the   United   States  may  reverse 
the  decisions  of  the  Supreme  Court  of  the 
State  it    may  be  answered  that  the  Su- 
preme Court'of  the  United   States  always 
follows  the  decisions  of  the  State  court  in 
its  interpretation  and   construction  of  the 
Constitution    and    statutes  of   the   State, 
unless  such  interpretation  and  construc- 
tion are    repugnant  to  some  provision  of 
the    Constitution    of  the  United    States. 
The  only  ground  thus  far  presented  upon 
which  it  is  claimed  that  the  proceedings 
of  an  irrigation  district  can  be  attacked  as 
repugnant    to    the     Constitution    of    the 
United  States  is  that  the  landowner  did 
not  have  the  requisite  notice  of  the  pro- 
ceeding  before  his  lands  were  charged 
with  the  lien  of  the  bonds— that  the  pub- 
lished notice  of  the  time  and  place  of  the 
hearing  of  the  petition  for  the  formation 
of  the  district,  and  the  notice  of  the  bond 
election,  did  not  constitute  "  due  process 
of  law."     The  cases  in  the  Supreme  Court 
of  the  United  States  holding  that  in  pro- 
ceedings of  that  character  published   no- 
tices like  those  provided  for  in  the  Wright 
act  do  constitute  due  process  of  law  are 
very  numerous,  among  which  is  the  recent 
decision  in  one  of  the  Dupont-street  bond 
case»,  and  there  are  no  cases  to  the  con- 
trary.   Respectfully,          A.  L.  KHODES. 

«  F.     G.     NiSWLANDS. 


A  Easiness    Man'a    Opinion    of  tbe  taw 
and  Its  Effects. 

We  are  all  familiar  with  the  evolution 
of  irrigation  in  this  State.     It  took  many 


years  to  determine  the  practical  question 
as  to  whether  irrigation  would  pay.  When 
,his  was  fully  determined  in  the  affirma- 
,ive  legal  obstacles  arose  .between  the  ap- 
jropriatorof  the  water  to  beneficial  uses 
m  the  one  baud  and  the  riparian  owner 
on  the  other.  The  litigation  was  long  and 
protracted,  and  resulted  in  a  victory  for 
;he  riparian  owner.  A  doctrine  of  the  > 
iaw  entirely  unsuited  to  our  conditions 
having  been  fastened  upon  us,  the  next 
step  was  to  relieve  ourselves  of  its  embar- 
rassments by  passing  laws  which  would 
permit  the  condemnation  of  riparian 
rights  and  which  would  put  it  in  the 
power  of  communities,  by  means  of  great  j 
co-operative  effort,  to  free  themselves  i 
from  obstruction  and  rapacity. 

And  so  the  Wright  bill   became  a    law. 
Its  purpose  was  to  enable  the  people  of  a 
particular  district  capable  of  being  sup- 
plied with  water  from  a  common  source 
to  organize  into  a  public  corporation  with 
power  to  condemn,  to  issue  bonds  for  con- 
templated irrigation  work,  and  to  tax  the 
property  within  the  district  for  the  pur- 
Dose  of  paying  the  interest  and   principal 
of  the  bonds.     Numerous  districts  have 
been  formed  under  this  law,  each  of  which 
proposes  to  issue  bonds  to  a  greater  or  less 
extent.    These  districts  rind  it  difficult  to 
negotiate  the  bonds.    They  claim  that  the 
hvw    under  which    they    are    issued    has 
been       upheld      against      every      form 
of     attack     by     the     Supreme     Court; 
that       the       requirements        of        the 
law  have  been  strictly  complied  with  in 
all  their  proceedings;    that  the  security  of 
the    bonds,   consisting    of   all    the  lands 
within  the  district,  is  ample,  but  that  the 
moneyed  men  of  San  Francisco  are  timid 
and  apprehensive  and  refuse  to   take  the 
bonds,  and  that  this  very  timidity  find 
apprehension  upon  the  part  ol  San  Fran- 
cisco capitalists  is  a  source  of  weakness  in 
•  the    negotiation    of    the    bonds    abroaJL 
!  They  claim,  and  I  think  with  justice,  that 
San  Francisco  has  always  been   skeptical  ; 
of  the  capacity  and  resources  of  the  agri-  j 
cultural  parts  of  the  State,   and   they  ask  j 
the  bankers  of  San  Francisco  and  capital-  i 
ists  generally  in   a  matter  of  such  p vital  ; 
importance  to  the  State  at  large  to  insti-  ; 
tute  some  method  of  investigation  of  the  , 
legality  and   practicability  of  the  various  i 
schemes,  as  a  guide  to  expected  investors. 
It  will  hardly  be    questioned   that  the 
future  of  California  depends  upon  irriga- 
tion.   The  great  fruitfuiness  of  the  soil 
caused  by  the  application  of  moisture  to 
arid  land's  will  be   the  source  of  Califor- 
nia's future  wealth  and  development.     It 
is    to    be  hoped,  therefore,  that  this  law 
[will   be  operative,  and  that  all  the  pro- 
ceedings in  the  various  irrigation  districts 
are  without  legal  flaw,  for  if  there  is  dan- 
ger of  a  single  district  successfully  repu- 
diating its   bonds  the  irrigation   interests 
will  be  seriouslv  menaced.    Various  means 
have  been  adopted  by  the  irrigationists  to 
secure    the    public    confidence    for    their 
bonds.    They  have  appeared  before  com- 
mittees of  the  Produce  Exchange  and  of 
the    Chamber    of    Commerce,    and    have 
songht  to  obtain  an  indorsement  of  them 
i  as  -A  valid  securit}'-.     The  difficulty   about 
this   mode  of  presentation  of  the  matter 
is   that  such  bodies   can  only  indorse  irri- 
gation in  a  general  way;  they   cannot  be 
expected,  without  thorough  investigation 
of  the  proceedings  in  each  district  and  the 


practicability  of  each  scheme,  to  be  able 
to  give  an  indorsement  which  will  be  of 
any  real  weight. 

The  irrigation ists  then  appealed  to  the 
bankers,  stating  that  they  were  willing  to 
.submit  the  question  of  the  legality  of  the  !- 


lar  scheme  lacks  merit  it  would  be  con- 
demned by  the  engineers.  If  it  has  merit 
in  some  features,  but  requires  modi  tica- 
tion  or  change  in  its  plans,  such  modifica- 
tion or  change  would  be  suggested. 

Above  all  things  it  is  necessary  in  this 


bouds  of  eacn^district    and    the    practica- j  State  to  create   the  sentiment  that  there 
bility  ol  the  scheme  to  a  body   to   be    ap- I- shall  be  no  repudiation   of  irrigation  dis- 
pointed  by  the  bankers  themselves,    con-  j 
Bisting    of   able    lawyers  and  experienced  • 
engineers,  and  that    they,   the  irrigation-  j 

lets,  would  pay  the  expense  of  the  inves-  ,  attempt  repudiation,  and  the  law  should 
tigation.  This  proposition  seemed  to  be  j  be  so  shaped,  and  I  understand  it  is  so 
favorably  entertained  by  the  bankers,  and  j  shaped,  thaf  in  case  of  repudiation  au- 
at  a  conference  held  they  determined  that  b  thorities  outside  of  the  officers  of  the  dis- 
it  would  be  an  impossible  thing  for  every  yj  trict  would  take  up  the  work  and  compel 
individual  bank  to  inquire  into  the  matter  i!  the  taxation  necessary  to  pay  the  in- 
and  that  it  would  be  best  to  refer  the  mat-  '; 
ter  to  the  Clearing-house,  which  consists 
of  the  associated  banks  of  San  Francisco. 


trict  bonds.  A  strong  moral  sentiment 
should  be  created  in  favor  of  making  the 
security  so  absolute  that  no  district  shall 


And  so  the  matter  went  beiore   the  Ciear- 
ing-nouse,    and    they,    while     proteasing 
general  friendship  for  the  cause  of  irriga- 
tion, declared  by  resolution  that  it  was  not 
within  the  purposes  of  their  organization 
to  make  such  an  inquiry,  and.  hence  dis- 
missed the  matter  from  consideration.     So 
that  we  find  that  in  this  process  of  evolu- 
tion   a  great   plan   for  co-operative  effort 
has  been  worked  out,  offering,  if  the  law 
is  constitutional  and  the  proceedings  legal 
and  the  scheme  practicable,  ample   secur-  J 
ity   for  any   reasonable   investment;  and  ' 
yet  the  negotiation  of   the   bonds  lags  and  , 
the  cause  of  irrigation  suffers,  and  the  irn-' 
gationists  are  almost  discouraged. 

It  seems  to  me  that  this  is  a  pablic  mat- 
ter which  requires  great  consideration  by 
all  our  capitalists.     It  is  to  the  interest  of 
all  that  this   law  should   be  carried  out, 
that  its  requirements  should  be  complied 
with,  and   that  the  scheme  in  every  case 
should  be  practicable. 

Particular  attention  should  be  paid  to 
the  danger  of  repudiation  of  the  bonds  in 
districts  where  the  scheme  should  prove 
impracticable,  and  hence  the  importance 
of  organizing  some  body  of  men  which 
shall  report  with  the  authority  of  experi 


terest  and  principal  of  the  bonds.  The 
good  faith  and  sincerity  of  the  people 
of  this  State  should  be  demonstrated  in 
this  matter,  and  there  can  be  no  more  im- 
portant step  in  the  demonstration  than 
would  be  the  action  of  our  principal 
financiers  in  organizing  thorough  and  ac- 
curate examination  into  the  legality  and 
th»j  practicability  of  schemes  presented. 
The  latter  is  as  essential  asi  the  former. 
'There  will  be  no  disposition  to  repudiate 
the  obligation  imposed  by  a  practicable 
scheme;  there  will  be  every  disposition  to 
avoid  tho  burthen  imposed  by  an  imprac- 
ticable scheme. 

I  trust  that  tho  request  of  the  irrigation- 
ists,  reasonable  and  lair  as  it  is,  will  be 
complied  with  and  that  immediate  stepj 
will  be  takou  to  make  an  exhaustive  in- 
quiry into  the  various  irrigation  schemes 
of  the  State.  .  F.  G.  NEWLAK  os. 

SAN  FRANCISCO,  June  4,  1891. 

C.     C.     WIIIGHT. 


Tho  Author  of  the  X,aw  Explains  Its 
Provisions  Clearly. 

What  are  the  elements  of  the  plan  of  ir- 
rigation by  the  district  law  of  California? 

First  of  all,  it  is  the  association  of  all 
those  who  have  like  interests  into  a 
municipal  corporation  with  all  the  powers 


ence,  ability  and  character  upon   both  the    "iuu  ,T    fTt   wMoh   -nM, 

legality    and    the    practicability    of  each    of  concentrated    effort  which  such 
scheme.     The  proper  persons  to  move  in    elation  in  any  case  affords, 
this  matter  are  the  hankers  themselves.        The  formation  of  the  corporation  is  ef- 
They  should,  as  the  representatives  of  or-  t  fected  in  substantially  the  same  manner 
ganized  capital,  select  lawyers  to_inquire    as  ofcher  public  corporations  are  effected 

pr'rcUcability'oTeacrsclfeme!6 Vh'e 'report  "  Power  of  the  tribunal  before  whom  the 
of  such  lawyers  and  engineers  would  have  3  organization  is  effected  to  modify  the 
great  moral  weight.  Such  action  would  )  boundaries  to  be  adopted  in  such  a  man- 
ner that  those,  and  only  those,  who  will 
ba  benefited  by  the  formation  will  be  in- 
cluded. "When  thus  organized  the  corpo- 
ration is  provided  with  officers,  who  are 
endowed  with  the  functions  necessary  to 


do  much  to  clear  up  the  doubt  and  con- 
fusion which  now  exist;  would  kill  off 
and  destroy  impracticable  schemes; 
would  facilitate  the  negotiation  of 
the  bonds  in  districts  whose  schemes 
were  practicable;  would  invite  the 


confidence  of  foreign  investors  and  would  I 
greatly  promote  the  cause  of  irrigation. 
It  seems  to  me  that  this  is  the  time  for  a 
display  of  some  public  spirit  on  the  part ) 
or  our  banking  institutions,  even  though 
sucu  action  would  be  somewhat  outside  of 
the  line  of  their  general  operations.  It 
would  involve  no  legal  liability  on  the 
part  of  the  banks  and  would  involve  no 
expense  to  them,  for  such  expense  would 
be  borne  by  the  irrigationists.  The  un- 
wise and  impracticable  schemes  would  be 
weeded  out.  If  the  law  should  prove  de- 
fective suggestion  would  be  made  by  the 
;ra  for  its  amendment.  If  a  particu- 


enable  them  to  effect  the  objects  for  which 
the  corporation  was  effected.  First  there 
is  a  board  of  directors  whose  office  it  is  to 
manage  and  control  the  affairs  of  the  dis- 
trict in  substantially  the  same  manner  as 
do  the  Board  of  Supervisors  manage  and 
control  the  affairs  of  the  county.  There  is 
provided  an  assessor,  a  collector  and  treas- 
urer, whose  powers  and  duties  are  an- 
alogous to  the  corresponding  officers  of  a 
county. 

This  association  haa  but  a  single  pur- 
pose. All  its  corporate  power  is  applied 
to  its  accomplishment.  This  purpose  to 
be  accomplished  is  the  irrigation  of  all 


lands  within  the  municipality. 

This  end  necessitates  the  construction  of 
works,  and  this  again  large  expenditures 
of  money. 

The  corporate  power  is  endowed  with 
the  necessary  inactions  to  meet  these  ends. 
When  such  a  public  corporation  has 
beeu  formed  the  first  question  to  deter- 
mine is,  What  plan  and  system  of  works 
will  best  subserve  the  interests  of  those 
concerned?  Through  the  agency  of  its 
officers  this  question  may  always  be  cor- 
rectly answered, 

The  same  power  which  a  county  pos- 
sesses to  obtain  and  adopt  plans  for  the 
construction  of  any  public  work  is  pos- 
sessed by  an  irrigation  district.  It  is  made 
the  duty  of  the  board  of  directors  of  a  dis- 
trict to  employ  a  competent  engineer  or 
engineers  and  to  cause  an  exhaustive  ex- 
amination to  be  made  to  the  end  that  the 
best  of  many  possible  systems  may  be  de- 
termined. With  the  determination  of  the 
system  there  is  coupled  the  further  ques- 
tion of  its  cost.  This  latter  question,  like 
the  former,  is  left  to  the  expert  opinions 
of  skilled  engineers. 

When  they  have  made  an  exhaustive 
examination  of  the  problem  and  have  de- 
termined what  the  cost  will  be  the  board 
of  directors  either  adopt  or  reject  ^the  re- 
port. If  they  adopt  it  they  submit  to  the 
electors  of  the  district  the  question 
whether  or  not  the  bonds  of  the  district  in 
the  amount  determined  shall  be  issued. 
If,  at  such  election,  the  issuance  of  bonds 
be  authorized,  the  board  causes  bonds  to 
bo  issued.  These  may  be  sold  and  the 
proceeds  applied  to  the  construction  of 
the  works  determined  upon. 

When  their  report  upon  the  plan  and  its 
cost  (always  accompanied  with  specifica- 
tions and  details)  lias  been  adopted  by  the 
board  of  directors,  the  construction  of 
works  is  accomplished  under  the  time- 
honored  plan  of  competitive  bidding. 
The  board  of  directors  advertise  for  bids 
for  the  construction  of  the  whole  or  some 
designated  portion  of  the  work  to  be  done, 
and  the  work  must  be  awarded  to  the 
lowest  responsible  bidder,  provided  such 
bid  be  satisfactory  to  the  board,  otherwise 
they  may  reject  all  bids. 

The  successful  bidder  must  give  an 
ample  bond  tor  the  completion  of  his  con- 
tract in  accordance  with  the  adopted  plans 
and  specifications.  Every  safeguard  is 
thus  provided  that  the  work  will  be  done 
in  the  best  and  most  economical  manner. 
In  this  manner  all  works  necessary  to  a 
complete  distribution  of  tha  water  are 
constructed. 

Thus  the  district  acquires  the  water  at 
bare  necessary  cost.  The  land  owner  is 
not  subject  to  annual  exactions  from  those 
who  deal  out  water  as  an  article  of  mer- 
chandise, and  is  not  subject  to  the  liabil- 
ity of  failure  to  gel  it  at  all,  in  cpnse- 
i  queuce  of  the  failure  of  the  seller  to  fill  his 
contract.  In  other  words,  the  land  owner 
i  by  this  plan  owns  the  water,  and  sufficient 
water  for  the  irrigation  of  his  lands.  Not 
only  does  he  own  it,  but  it  becomes  and  is 
an  appurtenance  to  his  Jaud  ns  much  as 
the  air  which  he  breathes  or  the  sunlight 
which  warms  into  life  and  fruition  the 
products  ot  ihe  soil. 

Which  subserves  the  interests  of  the 
farmers  best— that  system  under  which  he 
usually  buys  water  for  irrigation  of  some 
private  dealer,  always  to  the  latter  s 
profit  of  course,  and  generally  at  a  large 


profit,  too,  or  that  system  under  which  at 
the  bare  necessary  cost  he  acquires  the 
indefeasible  title  to  all  the  water  he  re- 
quires, and  a  tule,  too,  as  enduring  as  the 
soil  to  which  it  becomes  an  appurtenance? 

A  kindred  subject  at  this  time  is  the 
character  of  the  security  afforded  by  the 
bonds  of  a  district  formed  under  this  law. 

To  the  intelligent  business  man  who 
gives  the  subiect  a  full  examination  must 
come  the  conviction  that  so  tar  as  the  law 
of  the  case  is  concerned  there  is  nothing 
further  to  be  desired. 

The  law  of  1887  providing  for  the  for- 
mation of  districts  has  in  three  well  con- 
sidered cases  been  declared  to  be  constitu- 
tional in  all  its  provisions. 

This  question  having  been  determined 
it  necessarily  follows  that  a  district 
formed  in  accordance  with  its  provisions 
is  a  valid  municipal  corporation  possess- 
ing all  the  powers  which  the  law  by  its 
terms  confers. 

On«  of  the  chief  powers  conferred  is  the 
power  to  issue  and  sell  bonds  and  apply 
the  proceeds  thereof  to  the  construction 
of  works. 

Then  it  follows,  if  the  law  be  con- 
stitutional, that  bonds  issued  by  a  dis- 
trict in  accordance  with  its  provisions  are 
a  valid  promise  o('  the  district  to  pay. 

The  lavy  by  its  terms  makes  the  bonds 
of  a  district  a  lien  on  all  the  lands  in  the 
district. 

But  how  shall  >re  know  what  is  beyond 
question  and  beyond  the  power  of  im- 
peachment a  valid  district,  and  what  aro 
valid  bonds  to  the  same  unqualified  de- 
gree ? 

The  question  has  been  answered  in  the 
most  conclusive  mariner. 

A  statute,  old  in  the  principles  involved, 
but  of  entirely  new  application,  was 
enacted  by  the  Legislature  of  1889,  pro- 
viding for  the  confirmation  by  the  courts 
of  the  State  of  all  proceedings  had  for  the 
organization  of  a  district  and  for  the  issu- 
ance of  its  bonds. 

This  decree  of  confirmation  when  once 
had  determines  conclusively  and  forever 
the  validity  not  only  of  the  organization 
but  also  of  the  bonds  of  the  district  and 
of  each  and  every  step  required  by  the 
statute  to  be  taken  in  the  premises. 

Construing   the  effect  of  this  confirma- 
tion act,  our  Supreme  Court  has  said  that 
the  decree  of  confirmation   "is  conclusive 
upon  all  the  world."     Expressed  in  popu- 
lar parlance,  this  means  that  at  no   time 
after  the  decree  becomes  final  will  any  ob-  | 
jection    be  heard   by  the    courts    to    the  i 
validity  of  the  district    or    of   its    bonds.  ! 
This  confirmation  act  throws  around  irri-  ! 
gation    district    bonds  a  safeguard  never  ! 
heretofore  vouchsafed  to  municipal  bonds  | 
of  any   character   in    any    State   ot    the 
Union. 

Ojt  no  other  municipal  bond  in  or  out  of 
California  can  it  be  said  that  the  courts 
have  decreed  in  advance  of  its  being 
thrown  ou  the  market  that  it  is  valid  be- 
^  yond  the  realm  of  question  or  impeach- 
ment. 

A  county  or  city  bond  Is  provided  with 
no  such  safeguards  against  legal  objec- 
tions.    There  is  no   means  whatever  pro-  ' 
i  vidt»d  for    obtaining     the    decree  of   the 
courts  that  a  county  or  city  bond  is  valid 
i  beyond  further  question. 

When  the  capitalist  has  appreciated  the 
idea  of  a  confirmed  irrigation  district 
bond  it  would  seem  that  he  ought  to  feel 


that  there  is  but  one  further  question  to 
be  answered,  and  that  is,  are  the  lands  in 
the  district  of  sufficient  value  to  afford  a 
safe  security  for  the  bonds  issued? 

The  question  of  value   as   an  element  of 
the  security  afforded  by  such  bonds  is  the  -j 
only  one  not  fully  answered  by  the  decree 
of  the  courts.      This  the  capitalist  must  l 
answer  for  himself  precisely  as  he  does  in 
every  case  where  he  loans   money  on  a 
mortgage.        C.  C.  WEIGHT. 

J.     R. 


A  Brief   Bat    Emphatic  Indorsement  of 
the  Law. 

I  have  examined  the  act  of  the  Legisla- 
ture, approved  March  7.  1887,  the  various 
acts  amendatory  thereof  and  supplemen- 
tary thereto,  and  the  decisions  of  the  Su- 
preme Court  of  this  State  touching  the 
subject-matter  of  said  act,  and,  as  the  re- 
sult of  my  examination,  have  satisfied 
myself  that  the  Wright  Act  has  been  held 
to  be  a  constitutional  act  by  the  courts  of 
this  State,  and  that  bonds  issued  under 
provisions  of  said  act  and  acts  supplemen- 
tary thereto,  have  been  held  by  the  courts 
to  be  good  and  valid  securities,  provided 
the  formalities  required  by  said  act  in  the 
organization  of  irrigation  districts  have 
been  strictly  complied  with,  and  that  the 
proceedings  had  upon  the  issuance  of  said 
bonds  have  been  taken  in  strict  compli-  , 
ance  with  the  said  acts.  {. 

I  am  of    opinion  that  an  intending  pur-  < 
chaser  of  bonds  of  these  irrigation  districts  . 
would  only  have  to  satisfy   himself,  first,  \ 
of  the  regularity    of  the    proceedings,  as  j 
above    indicated,    and     secondly,    of   the. 
value  of  the  lands  in  the  districts  as  com-  ' 
pared  with  the   burden  of   taxation  im-  j 
posed  upon  them  by  the  bonds,  and  if,  on  ; 
examination,  these  questions   were  deter- 
mined in  favor  of  any  proposed   series  of 
bonds,  that  such   bonds  would   then  be  a 
safe  and  valid  security, 

I  have  examined   the  bonds  of  one  or 
two  districts  organized   under  the  Wright 
act,  for  clients  intending  to   purchase  the 
same,    and    upon    satisfying    myself,     as 
above,  of   the   regularity   of   proceedings, 
nave  advised  my  clients  that  all  they  have 
to  do  Is  to  satis'y  themselves  of  the  value 
of  the  land  embraced   in   the  district.     Of 
course  the  legislation  of  the  session  of  1891  " 
has  not   been"  passed  upon    by   the  court  \ 
and  this  opinion  covers  bonds  'issued  up  to  j 
the  end  of  the    year    1890.     Yours    very 
truly,  JNO.  II.  JABBOE.      .; 

BUSINESS  MEN. 


THEY    SAY    IEKIGATION    BONDS 
ABE  SECURE. 


Many  Haye  Bought  Large  Amounts 

of  the  Stock  and  Consider  the 

Security  Ample. 


The  business  men  of  San  Francisco  ex- 
press the  fullest  confidence  in  the  irriga- 
tion bonds  issued  under  the  provisions  of 


the    Wrignt     oui.      msi-y    nave    bought 
a  large  number  of  the  bonds,  and   are  per- 
fectly   satisfied  with  them.      The    judg- 
ment   of     the     business     men     of     this 
city    is    founded    upon   deep  insight  into 
the    financial    affairs    of  the    State,    and 
where  so  many  of  them  express    the   ut- 
most confidence  in  a  certain   class  of  in- 
vestments   the   experience    of    the    past  i 
proves     that     this     confidence     is      well  j 
lounded.      In   the  succeeding  interviews  I 
will  be  found  expressions  of  opinion  from  j 
many    of   the  most   prominent    business 
men  in  the  city: 

James  G.  Fair,  230 Montgomery  street: 
"  1  have  not  myself  looked  into  the  matter 
of  the  security  of  irrigation  bonds,  neither 
have  my  attorneys,  consequently  I  cannot 
give  a  decided  opinion.  On  general  prin- 
ciples, however,  I  should  say  they  were 
good.  If  a  district  is  legally  organized,  if 
the  land  is  fertile  and  productive,  if  the 
bonded  indebtedness  does  not  exceed  the 
value  of  the  land,  then  I  should  sav  irri- 
gation bonds  are  a  good  investment,  and 
something  that  I  would  like  to  take  hold 
of  myself*  The  security  offered  is  Cali- 
fornia land — as  good  security  as  can  be 
found  anywhere — a  security  that  cannot 
burn  up  or  be  destroyed,  and  whose  value 
is  always  increasing.  The  interest  paid, 
6  per  cent,  is  large  enough  to  attract  capi- 
tal, andl  see  no  reason  in  the  world  why 
the  bonds  should  not  meet  with  a  ready 
sale.  If  the  districts  would  individually 
have  their  bonds  passed  upon  by  some 
competent  lawyer  and  engineer  it  would 
remove  the  only  obstacle  that  I  can  see 
in  the  way  of  their  becoming  great  favor- 
ites with  investors." 

Captain  W.  L..  Merry  of  Merry,  Faull 
&   Co.,    125  CaUiofnia    street:     "I  was  a 
member    of    the   Chamber  of    Commerce 
committee  which   recommended  bonds  is- 
sued under  the  Wright   irrigation  law. 
was  in    favor  of  the    bonds  then,  and  th 
more  I  study  the  matter  the  more  strong]., 
am  1  impressed  that  they  are  good  invest- 
ments.    If  a  mortgage  on  a   ranch  is  good 
security  then  these  bonds,  secured  as  they  I 
are  by  a,  first  lien  on   the  same  ranch,  are  i 
even  better  secured  than  is   the  mortgage,  i 
If  a  farmer  won't  or   cannot  pay  his  taxes  ' 
tnen  Ins    land    is  sold   and  "the  proceeds 
go,  first,  toward  the  payment  of  his  taxes, 
in  which  is  included  the  irrigating    tax; 
and  secondly,  what  is    left   over  goes  to- 
ward the  payment  of  his  mortgage,  if  he 
has  any  standing  against  him.     Xhe  Su- 
preme Court  has  repeatedly  said  the  bonds 
are  valid,  legal,  and   are   well  secured.     I 
don't  see  what  better  security  a  man  could 
ask  for  his  money." 

W.  T.  Y.  Schenck,  222  Market  street: 
"You  ask  me  if  I  think  the  bonds  issued 
under  the  provisions  of  the  Wright  Irri- 
gation bill  are  Je^al,  and  are  well  secured. 
Of  course  they  are.  I  do  not  see  how  any 
man  who  wants  to  invest  money,  espe- 
cially a  large  amount,  can  ask  for  a  better 
investment.  In  the  first  place,  the  bonds 
bring  6  per  cent  interest,  which  is  more 
than  can  be  obtained  generally  in  Europe 
or  the  East.  In  the  second  place,  the 
bond.*  are  perfectly  secured  by  a  first 
lien  on  the  lands  they  cover.  In 'the  n,ext 
place,  they  have  been  tested  again  and 
again  in  the  Supreme  Court,  and  the  de- 
cision, every  time,  has  been  in  their 


You  can  quote 


.  me  as  saying  tnat 

I  believe  heartily  in  irrigation  bonds,  and 
consider  them  perfectly  sate." 

Lt,  Li.  Baker  of  Baker  &  Hamilton: 
"You  ask  my  opinion  of  irrigation  bonds. 
My  answer  is,  'The  bonds  are  velvet.'  I 
don't  know  where  a  man  can  put  his 
money  and  have  it  better  secured.  It  is  a 
•'^ tter  investment  than  real  estate,  for  the 
•solids  are  a  first  lien  on  the  lands  they 
cover  and  are  preferred  to  a  first  mort- 
gage. Besides  that,  the  minute  you  put 
water  on  a  man's  land  you  increase  its 
value  and  productiveness.  If  the  land 
was  good  for  the  cost  of  putting  water  on 
it  before  irrigation,  then  certainly  it  is 
better  security  than  ever  for  the  bonds 
after  the  water  has  been  secured." 

A.  W.  Hu  ggins  of  A.  1.  Hall  &  Son, 
530  Market  street:  "I  have  not  made  as 
thorougu  a  study  of  the  question  of  the 
value  of  irrigation  as  some  have,  but  I 
have  gone  into  the  matter  sufficiently  to 
come  to  the  conclusion  that  these  bonds 
oiler  first-class  opportunities  for  invest- 
ments. They  are  well  secured  and  the 
Wright  law  has  stood  all  leg  il  tests." 

J.  C.  Johnson,  400  Market  street: 
"There  is  no  doubt  in  my  mind  about 
the  validity  of  the  bonds.  I  believe  the 
security  offered  is  'gilt  edged.'  Take,  for 
instance,  a  district  of  156,000  acres— one 
that  I  know  of.  Its  assessed  value  as 
figured  up  in  the  Assessor's  books  is 
nearly  $3,000,000,  Its  real  value,  or  sell- 
;  ing  price,  is  $5,000,000  without  water. 
'  This  district  issues  irrigation  bonds  to  the 
amount  of  $750,000.  Now,  will  any  man 
say  that  $5,000, 000  isn't  a  proper  security 
tor  $750,000?  A  man  that  won't  accept 
that  as  security  wouldn't  loan  a  four-bit 
piece  on  the  State  ot  California.  Besides 
that,  if  the  value  of  the  land  in  the  dis- 
trict was  $5,000,000  without  water,  does 
not  its  value  increase  as  soon  as  water  ia 
put  upon  it?  Of  course  it  does,  and  that 
makes  the  bonds  still  further  secured." 

O.  O.  Hooker,  of  Truman,-  Hooker  & 
Co.,  421  Market  street:  -'As  regards  the  ir- 
rigation bonds  issued  by  irrigating  dis- 
tricts, 1  consider  them  first-class  and  that 
there  can  be  no  question  as  to  the  value 
of  the  security  offered.  As  I  understand 
the  matter  ihe  bonds  constitute  a  first  lien 
on  the  land,  that  Is  they  are  preferred 
even  to  a  first-class  mortgage.  Now  a 
mortgage  is  generally  considered  good 
security.  But  in  the  case  of  the  bonds 
the  security  is  even  better." 

Isador  Jacobs,  of  the  A.  Lusk  Can- 
ning Co. :  "I  was  chairman  of  the  Cham- 
ber of  Commerce  committee  which  passed 
on  the  worth  of  the  bonds  issued 
under  the  provisions  of  the  Wright  law. 
I  believe  that  these  bonds  are  amply 
secured;  in  fact  I  consider  them  better 
than  bonds  of  the  city  and  county  of  San 
Francisco,  and  in  tnis  belief  I  am  sup- 
ported by  the  recent  decisions  of  the 
Supreme  Court.  These  decisions  prove 
that  the  action  of  the  State  Legislature 
which  pussed  the  Wright  bill  was  legal 
and  constitutional,  and  that  the 
legal  conditions  were  fully  complied 
with.  The  irrigation  bonds  are  as  strong 
as  any  bonds  offered  on  the  market,  not 
excepting  even  the  bonds  of  the  State  of 
California.  These  bonds  are  secured  by  a 
first  lien  on  the  land  within  the  irrigated 
district,  and  that  means  that  thev  aro 


better  secured  than  are  notes  whicn  are 
secured  by  a  first  mortgage  on  real  estate. 
I  do  not  believe  there  can  be  any  question 
as  to  the  bonds  being  well  and  perfectly 
secured." 

C.  J.  Wetmore  of  the  State  Viti  cultural 
Commission:  "I  am  very  glad  to  see  the 
bonds  issued  by  different  irrigation  dis- 
tricts rapidly  coming'to  the  front  in  point 
«f  popular  fuvor.  I  believe  the  bonds  are 
gilt  edged  and  that  they  rest  on  velvet  se- 
curity. They  are  indorsed,  not  only  by 
the  Legislature,  but  by  the  highest  State 
tribunals.  The  best  financiers  in  the  city 
have  purchased  the  bonds,  and  say  that 
as  an  investment  they  cannot  be  sur- 
passed." 

O.  P.  Willey,  carriage  manufacturer, 
•  317  Montgomery  street:  "I  do  not  know 
very  much  concerning  irrigation  bonds. 
They  are  out  of  my  line,  and  I  haven't  got 
enough  land  in  the  irrigating  sections  to 
make  HIG  study  the  matter  up.  But  I 
have  talked  with  many  men  who  have 
examined  into  the  matter,  and  they  unite 
in  saying  the  bonds  are  well  secured,  and 
will,  by  putting  water  on  the  land.,  oe  of 
vast  benefit  to  the  country.  Whftfc  I  do 
know  about  the  bonds  leads"  me  to  believe  j 
they  are  perfectly  sate  and  warrant  the 
careful  attention  of  investors." 

11.  H.  Pease,  of  the  Goodyear  Eubber 
Company:  "I  consider  the  irrisation  I 
bonds  to"  be  a  good  and  safe  investment. 
They  pay  an  interest  ot'G  per  cent,  which 
is  as  good  a  tiling  in  the  way  of  a  large  in- 
vestment as  can  be  asked  lor.  Then  they 
are  sale  because  they  are  secured  by  the 
fact  that  they  are  a  first  lien  on  the  land. 
I  believe  that  investors  should  be  en- 
couraged to  take  up  the  bonds." 

A.  I.  Church,  of  Dolliver  &  Brothers, 
573  Market  street:    "I  have  not  made  the 
careful  examination    which  would     war- 
rant my   making  an  unconditional  state-  i 
merit  as'  to  the  worth  of  irrigation  bonds;  i 
but  of  this  I  am  certain,  viz:     That  if  the  j 
bonds  are  legal,  if  their  amount  is  not  in  i 
excess  of  the  value  of  the  lands,  then  they  ' 
must  be   as  good  an  investment  is  a  man  j 
could  make.     Those  who  have  examined  i 
into  the  matter  tell  me  the  bonds  are  well  i 
secured,   and  what    little   I   know   about 
them  leads  me  to  the  same  conclusion." 

P.  W.Marvin,  of  the  Williams-Marvin 
Company,    5U9    MarKet    street:  "1    have 
property  in   the  southern  portion   of  the 
State,  adjoining  tha  Aiessandro  irrigation 
district.      My    attention    has    thus    been  | 
I  called   to   the   matter  of  the  value  of  the  > 
I  bonds,    and    I   have  examined  very  thor-  ; 
J  oughly  the  different  systems  presented.    I 
1  urn  convinced  that  if  "the  legal  provisions 
j  of  the    Wright   Irrigation    bill  are  legally 
1  coniormed  to  (and  there  should  be  no  rea- 
son for  anything  otherwise)  then  the  bonds 
I  are  legal,  valid,  and  rest  on   unquestiona- 
ble security.     1   know  of  no  better  invest- 
'  nieiu  that  could  be  made." 
.     W.  H.   Peckham,  agent  of    the    San 
'Jose  Woolen  Mills,  541   Market  street:   "I 
confess  I  do  not  Know  as  much  as  I  ought 
i;  to    about   this    matter    of  the    irrigation 
bonds,  and  consequently  I  can  only  give  a 
conditional   opinion    as    to   their    merits. 
But  if  the  bonds  are  legal,  as  I  understand 
•urts  say  they  are,  and  if  the  Wright 
irrigation  bill  is  legal,  as   1   believe  is  un- 
then  the  bonds   rest  on  ample 


Jfrrp  Of  Poao  district. 


security,  and  ought  to  satisfy  any  capital- 
ist who  is  seeking  a  good  investment.'1 

Philip  Lippitt  of  Lyons,  Lippitt  & 
Co.,  417  Market  street:  "As  1  understand 
it  the  bonds  constitute  a  first  Jien  on  the  i 
property,  and  are  preferred  to  all  other 
liens.  This  being  the  case,  I  cannot  see 
any  reason  why  the  security  is  not  per-  ! 
fectly  ample  and  satisfactory,  and  why 
the  attention  of  investors  should  not  be 
attracted  toward  the  purchase  of  irriga- 
tion bonds  issued  under  the  provisions  of 
the  Wright  law." 

W.    F.    Bowers,    409    Market    street:  ' 
"  If  the  value*  of  the  land  included  in  an 
irrigation  district  are  correct,  and  if  these  | 
values   exceed    in    a    certain   degree    the  • 
amount  of  the  bonds  which  constitute  a 
lien  upon  the  land,  then  I  can  see  no  rea- 
son   why  the   bonds  do  not  rest  on  gilt- 
edged  security,  and  why  they  should  not 
meet  with  a  ready  sale.''" 

E.  M.  Root  of  Root  &  Sanderson:  "I 
consider  the  bonds  amply  secured.  You 
take  land  that  is  of  fair  quality,  in  any 
valley  of  the  State,  and  it  can  well  afford 
to  go  into  debt  to  secure  water  for  irriga- 
tion purposes,  and  the  land  is  good  se- 
;  curity  for  the  debt  thus  incurred.  If  the 
bonds  are  secured  by  a  first  lien  on  the 
land,  then  I  can  sea  no  question  but  the 
security  is  ample." 

O.  B.  Culver,  manager  for  Le  Count 
Brothers:  "  The  bonds  seem  to  me  to  be 
well  secured,  and  as  they  pay  a  good  per- 
cent on  the  capital  invested,  I  see  no  rea- 
son why  they  should  not  be  promptly 
taken  up  and  prove  a  popular  as  well  as 
sate  investment." 

N.  T.  Roniaine,  manager  ol  I.  S.  Van 
Winkle  &  Co.,  415  Market  street:  "I  be- 
lieve that  when  the  legal  conditions  are 
complied  with  and  the  land  covered  by 
the  bonds  is  of  fair  quality,  the  bonds  are 
abundantly  secured.  I  see  no  reason  why 
any  one  seeking  investment  for  capital, 


large  or  small,  snouia  object  to  taking 
hold  of  the  irrigation  bonds." 

W.  W.  Montague  of  309  Market  street: 
"1  am  greatly  interested  in  irrigation 
matters  as  associated  with  the  workings 
of  the  Wright  irrigation  law.  I  believe 
the  law  to  be  perfectly  constitutional,  and 
the  bonds  issued  by  means  of  it  to  be  per- 
fectly secure.  Lands  in  many  portions  of 
the  State  are  almost  entirely  unproduc- 
tive without  water,  but  with  water  they 
make  the  desert  places  to  bloom  and  blos- 
som. This  water  can  only  be  obtained  by 
irrigation,  and  the  best  way  to  secure  irri- 
gation is  by  means  of  the  Wright  bill." 

I.  H.  Morse,  of  the  King-Morse  Can- 
ning Company:  "I  am  thorouchlv  and 
heartily  in  favor  of  any  movement  which 
will  aid  in  the  development  of  the  State 
and  in  increased  immigration.  I  believe 
that  the  provisions  of  the  Wright  bill  will 
accomplish  a  vast  deal  toward  this  end, 
especially  as  the  bill  rests  on  constitu- 
tional-grounds, and  has  been  pronounced 
upon  favorably  by  the  highest  judicial 
tribunals.  The  irrigation  bonds  seem  to 
me  to  be  perfectly  sound,  legal  and  valid 
in  every  particular." 

Cliailes  Holbroofe,  of  Holbrook* 
Merrill  &  Stetson:  "If,  as  I  understand, 
the  irrigation  bonds  constitute  a  first  lien 
on  the  lands  upon  which  they  are  issued, 
then  there  can  be  but  little  question  as  to 
their  security,  or  the  wisdom  of  those 
who  purchase  them  as  an  investment.  The 
land  certainly  is  worth  more  than  the  face 
of  the  bonds,  and  the  value  of  the  land  in- 
creases as  soon  as  water  is  carried  to  it." 

James  Irfnforth,  37  Market  street: 
''1  am  perfectly  satisfied  the  bonds  are 
constitutional  and  well  secured,  provided 
the  preliminary  work  of  organizing  the 
district,  making  surveys,  issuing  bonds, 
etc.,  -has  been  carefully  and  legally  at- 
tended to.  If  these  preliminaries  are  all 
right,  then  the  bonds  as  an  investment 
cannot  be  surpassed.  1  would  not  object 


s  myself."  j  anct  security  oi  irrigation  bonds.  1  con- 
Porter,  ^Slessinger  &  Co.,  7  Battery  sider  ihern  rirst-cla-is  in  every  particular, 
reet:  "  Wfe  havo  l<mlrpri  into  _the  matteV  The  Wright  bill  is  consitutional,  the  courts 

hold  it  legal,  the  land  is  well  worth  the 
face  of  the  bonds  and  many  of  the  mo'st 
conservative  men  in  the  city  are  now  in- 
vesting in  them  largely.  Eastern  and 


street:  "  We  have 

Eretty  thoroughly  and  have  sufficient  con- 
dence  in  the  bonds  to  be  willing  to  take 
them  m  return   for  any  amount  of  mer- 
chandise which  may  be  ordered   from  us. 


That  means  that  we  regard  the  security  as    foreign  capitalists  who  desire  aecure 


ample. 


street:    "i  hold  some    of   the    irrigation 
bonds  myself  and  consider  them  a  first- 
class   investment.      Their  worth  depends 
on  whether  the  district  is  organized  and 
1  whether  the  value  of  the  land  is  more  than 
,  the  amount  of  the  bonds  issued.     Under 
these  conditions  I  consider  the  bonda  oi 
any  district  good." 

L.  Hirsch.  of  W.  Cohen  &  Co. :  "I  am 
interested  somewhat  in  the   bonds  ot  the 
irrigating  districts  and    I  consider  them 
good  and  amply  secured.     I  see  no  reason 
why  the  bonds  should  not  receive  the  sup- 
port of  the   business  community  and  be 
rapidly  taken  up.    They  pay  6  per  cent  in- 
j  terest  semi- annually,  and  that  is  a  better 
i  return  for  the  money  invested  than  many 
j  a  man  receives  in  his  business." 

Lievi  Strauss,  of  Levi  Strauss  &  Co. : 
"1  believe  the  irrigation  bonds  are  a  good 
investment.  They  are  well  secured,  pay 
a  good  interest  and  their  security  is  Cali- 
fornia land,  which  is  always  valuable  as 
soon  as  water  is  placed  upon  it.  If  the 
irrigation  districts  are  legally  organized 
and  if  the  water  can  be  placed  on  the  land 
there  can  be  no  question  but  that  the 
bonds  are  amply  secured." 

P.  N.  Aronson  of  B.  Blumenthal  &  Co., 
18  Battery  street:  "I  hold  some  of  the 
bonds  myself,  and  that  is  pretty  good  evi- 
dence that  1  consider  them  amply  secured. 


vestments  at  6   per  cent  interest  on  long 


M.  Weil  of  M.  Weil  &  Co.,  11  Battery    time    can    well    afford    to   purchase    the 
treet:    "I  hold  some    of  the    irrigation 


bonds. 

S.  Feder,  of  JRosenthal,  Feder  &  Co.: 
"  I  think  very  favorably  of  the  irrigation 
bonds  and  can  see  no  reason  why  they 
are  not  fully  secured,  provided,  of  course, 
the  irrigation  districts  are  organized  ac- 
cording to  law  nnd  the  land  is  good  and 
can  be  irrigated." 

A.  A.  Hooper,  of  Hooper  &  Jennings, 
213  Front  street:  "I  believe  in  the  secur- 
ity of  the  bonds,  and  for  this  reason. 
Here  is  a  section  of  150,000  acres  of  good 
land,  but  which  is  comparatively  unpro- 
ductive for  lack  of  water.  It  is  assessed 
at  $2,500,000.  Plenty  of  water  can  be  ob- 
tained by  an  expenditure  of  $750,000  for 
dams,  ditches,  etc.  Bonds  are  issued  for 
that  amount  ($750.000),  and  these  bonds 
are  a  iirst  lien  on  the  land.  Now,  who  will 
say  that  these  bonds  are  not  well  secured, 
when  the  land  before  irrigation  is  worth 
$2,500.000,  and  after  water  is  obtained  is 
worth  $5,000,000?  That  land  is  ample- 
security  for  $750,000." 

K.  D.  Laidlaw,  manager  on  the  Pacific 
coast  for  P.  Lorillard  &  Co.,  217  Front 
street:  "1  consider  the  irrigation  bonds 
well  secured,  because  they  are  secured  by 
California  land,  which,  I  believe,  is  the 
very  best  of  security.  To  establish  irriga- 
tion systems  requires  money — from  Cali- 
fornia, from  the  East,  from  Europe;  but 


They  are  being  taken  up  by   some  of  the  j  every  cent  thus  expended    if  secured  b 


most  conservative  capitalists  in  the  State, 
who  have  examined  them  carefully  and 
invest  in  them  as  soon  as  they  are  satis- 
fied as  to  the  legality  of  the  proceedings 
under  which  a  district  is  organized  and 
as  to  the  present  and  future  value  of  the 
land." 

G.  G.  Wickson  of  G.  G.  Wickson  &  Co., 
3  Fron.t  street:  "There  is  a  great  deal  of 
land  that  is  now  unproductive  in  Califor- 
nia because  it  lacks  water.  Irrigate  it 
and  it  becomes  usetul  and  valuable.  If  it 
is  irrigated  by  means  ot  the  Wright  act, 
then  the  bonds  issued  for  this  purpose  are 


l  V       IfU-Ua       VAJJOUU^Vlj        Al      O0V/UJ.WVI       U  \      t 

the  land  on  which  the  water  is  placed,  is  j 
as  safe  as  if  invested  in  United  States  i 
Government  bonds." 

William  Haas  of  Haas  Brothers,  100 
California  street:  "I  consider  the  bond* 
to  be  amply  secured  by  the  land.  I  think 
the  bonds  are  not  only  good  in  them- 
selves, but  that  they  will  prove  of  im- 
mense benefit  to  the  State,  as  their  sale 
supplies  the  means  of  adding  greatly  to 
the  value  and  productiveness  of  the  land." 

C.  P.  Doe  of  Russ.  Sanders  &  Co.,  121 
Davis  street:  "As  to  the  question  whether 
or  no  1  believe  in  the  security  of  irriga- 


well  secured  by  the  land.     I  consider   the    tion  bonds,  I  answer*,  'Yes,  on  certain  con- 


bonds  a  secure,  satisfactory  and  safe  in- 
vestment, and  they  can  be  safely  issued 
on  a  basis  of  one-third  more  than  the 
present  assessed  value  of  the  land." 

M.  M.  Jolinson,  of  Hegler,  Johnson  & 
Co.,  Ill  Front  street:  "I  know  a  good  deal 
about  irrigation  bonds,  and  all  I  know 
about  them  is  in  their  favor.  I  own,  with 
others,  considerable  land  in  an  irrigation 
district,  and  I  know  how  much  irrigation 
has  added  to  the  value  of  the  land,  and 
how  secure  the  bonds  are  which  are  issued 
on  the  land.  Five  years  ago  the  land 
went  begging  almost  at  $22  an  acre.  Now, 
through  the  results  of  irrigation,  that  land 
is  worth  from  $250  to  $300  an  acre,  and 
that  amount  is  offered  for  it.  If  that  is  not  a 
practical  proof  of  the  value  and  security 
of  the  bonds  I  do  not  know  what  is." 

F.  E.  Brigham,  of  Brigharn,  Hoppe  & 
Co.,  129  California  street:  "I  can  see  no 
reason  for  doubting  in  the  least  the  value 


ditions.'  If  the  districts  are  organized 
according  to  law,  if  the  land  is  good,  ii 
water  can  be  brought  upon  it  at  not  too 
great  expense,  then  I  do  not  think  there 
can  be  any  doubt  but  the  bonds  are  as  se- 
cure an  investment  as  can  be  found." 

Fred  Li.  Castle  of  Castle  Bros.,  200 
Davis  street:  "I  do  not  know  as  much  as 
I  would  like  to  about  the  bonds  from  per- 
sonal inquiry  and  research,  but  what  I  do 
know  leads  me  to  conclude  that  they  are 
as  secure  as  any  investment  that  can  be 
made.  It  is  barely  possible  that  there 
may  be  legal  conditions  not  fully  complied 
with  by  some  districts  which  may  invali- 
date the  bonds.  But,  as  a  general  propo 
sition,  I  consider  the  securities  valid  and 
the  bonds  well  secured." 

C.  Schulz,  manager  of  th«  firm  of  Wie- 
land  Brothers,  210  Davis  street:  "I  am 
enthusiastically  in  favor  of  irrigation  and 
I  cannot  think  of  any  bette-  method  of 


i  securing  the  irrigation  of  large  portions  of 

the    State    th;m    that    embodied    in    tiie 

:  Wright  bill.    In  fact,  it  seems  to  me  the 

beat  and    practically    the   only  means  by 

I  which  residents  on  a  large  area   of  land 

1  can  secure  its  proper  irrigation." 

J.  Johnson   of  McDonogh  &  Johnson. 
404  Davis  street:     "Provided  the  Wright 
t  is  legal,  the  districts  com  ply  ^  with  its 
nditions  and  the  land  is  more  in   value 
han  the  bonds,  then  the  bonds  are  secure 
nd  worthy  of  the  confidence  of  the  busi- 
ess  community  and  investors  generally. 
I    understated  the  bonds  are  rapidly  grow- 
ing in   public   favor,    and    are  being  pur- 
chased largely  by  many  of  pur  most  con- 
servative and  cautious"  capitalists." 

I.  W.  Taber,   corner   of   Market    and 
Montgomery  streets:     "I  am  convinced 
that  irrigation  is  one  of  the  largest  factors 
entering  into  the  prosperity  of  this  State, 
The  best  way  to  secure    irrigation    is    to 
:>,dopt  the  methods    incorporated  in   the 
Wright  bill  and  to  issue  bonds,  the  sale  oi  J 
which  supplies   the   means    for    building 
reservoirs,    canals,  etc.     These  bonds  are 
amply  secured  bv  the  land  irrigated,  and  H 
this  security  increases  with  the  constantly  :| 
increasing  value  of  the  land.     I  consider  ' 
the  bonds  a  good^and  safe  investment,  and 
they  will  soon  attract    the    attention    of 
Eastern  and  foreign  capitalists."  , 

H.  S.  Crocker  of  H.  S.  Crocker  &  Co., 
215  Bush  street :     "  I  consider  the  bonds  a 
perfectly  safe  investment.     They   are  se- 
cured by  the  land,  which  cannot  burn  up,  • 
run  away,  be  stolen,  or  in  any  way  be  de- 
stroyed.    Its  value  is  constantly  increas- 
ing/especially  if  water  for  irrigating  pur-  j 
poses  be  placed  upon  it.     Land  worth  now  i 
$15  an  acre  will  probably  never  be  worth 
less  than  now.     I  cannot  see  how  any  man 
looking  for  investment  could  ask  for  any- 
thing better." 

J.  R.  Hehbron,  member  of  State  Board 
of  Equalization:  "In  traveling  over  the 
State  I  have  made  many  inquiries  as  to 
the  way  people  regard  the  Wright  irriga- 
tion law,  and  as  to  the  value  of  the  bonds 
issued  by  means  of  it,  and  I  find  every- 
where people  expressing  the  greatest  con- 
fidence in  the  law  and  in  the  bonds.  The 
Wright  law  is  constitutional  and  the 
bonds  will  pass  muster  anywhere." 

E.  Dewitt,  director  in  the  Tulare  Irri- 
gation District:  "The  longer  I  am  con- 
nected with  thesa  irrigating  enterprises 
and  the  better  I  become  acquainted  with 
the  Wright  irrigation  law  -the  more  am  I 
satisfied  that  the  law  will  accomplish 
wonderful  results  for  California,  and  that 
the  investments  offered  by  irrigation 
bonds  will  grow  in  favor.  The  land  is 
ample  security  for  the  bonds  when  they 
are  first  offered,  even  before  water  is 
brought  in.  After  water  is  obtained  the 
bonds  are  secure  for  many  times  their 
:  original  value.  There  is  no  trouble  in 
collecting  the  assessments  for  the  payment 
I  of  the  interest  or  the  principal." 

Thomas  Flint  of  San*  Juan,  San 
Bentto  county,  Gal. :  "I  believe  in  the 
Wright  act,  especially  for  the  districts 
where  the  land-owners  of  themselves  are 
unable,  through  lacK  of  means,  to  bring 
in  the  water.  If  the  provisions  of  the 
Wright  act  are  legally  carried  out;  if  the 
water  is  actually  placed  on  the  land  and 
the  resources  of  the  district  properly  de- 
veloped, then  there  can  be  not  the  least 
question  but  that  the  bonds  will  be  umply 


secured,  and  will  meet  with  a  ready  sale." 
General  W.  H.  Dimond,  Superin- 
tendent of  the  United  States  Mint:  "I 
have  looked  into  the  matter  of  bonds 
issued  under  the  provisions  ol  the  Wright . 
law  to  the  extent  of  believing  they  are 
amply  secured,  and  that  their  sale  should  ' 
be  encouraeed.  They  are  as  secure,  to 
my  mind,  as  are  the  city  gas  and  water 
stocks,  the  value  and  stability  of  which 
are  unquestionable." 

W.  B.  Wellman,  of  Wellman,  Peck  & 
Co.:  "1  cannot  see  where  there  is  any 
room  for  question  as  to  the  security  of  the 
bonds.  They  are  a  first  lien  on  the  land, 
and  the  courts  say  the  Wright  law  and  its 
provisions  are  constitutional.  This  being 
so,  if  the  irrigating  districts  are  properly 
and  legally  organized,  then  the  bonds  are 
secured  by  land  the  value  of  which  must 
be  many  times  greater  than  the  amount 
of  the  bonds." 

George  T.  Hawley,  of  Hawiey  Bros,' 
Hardware  Company :  "In  a  general  bus- 
iness way,  I  should  say  the  bonds  are  well 
secured.  Of  course  a  man  wants  to  be 
sure  the  general  legal  requirements  are 
complied  with,  and  that  the  land  is  worth 
the  amount  of  the  bonds.  On  general 
principles  I  am  convinced  the  irrigation 
bonds,  as  issued  under  the  Wright  l&w, 
are  perfectly  good  and  the  security 
ample." 

A.  B.  Spreckels,  of  J.  D.  Spreckels  & 
Bros:     "I  believe  the  bonds  are  good  and  ; 
are    well     secured.      The    land    certainly  i 
ought  to   be   worth  the    amount  of    the  ' 
bonds,  and   the  interest  paid,  6  per  cent., 
ought  to   attract  to  the   bonds  the  atten- 
tion of  outside   capital.     The   investment 
seems  to  me  to  be  in  every  respect  a  good 
one,  and  worthy  of  the  confidence  of   the 
business  community." 

Brown  &  Adams,  409  Battery  street: 
"  If  the  land  is_got;d  and  the  legal  require- 
ments of  the  Wrignt  Irrigation  bill  are 
complied  with,  then  the  bonds  are  un- 
queHtionaMy  good." 

H.  Li.   Whipple  of  Murphy,  Grant   & 
Co. :  "If  1  had  money  to  invest  where  I 
wanted  it  sale  and  bringing  in   a  fair  rate 
of  interest  I   would    not    want  anything 
better  than  the  irrigation  bonds.     Oalifor-  ; 
nia  land  is   worth   a    great  deal  and  will  j 
continue  to  increase  in  value,  especially  ! 
when   you    get    water    upon    it,      Conse- 
quently if  land  which  is  included  in  an 
irrigation  district  is  worth    anything  at 
dll  before  water  is  obtained,  after  j£is  irri- 
gated its  value  is   greatly  increased  and 
the  bonds  become  doubly  secured." 

S.  W.  Welcli  of  Cunningham,  Curtiss 
&  Welch,  corner  of  Sansome  'and  Sacra- 
mento streets:  "1  understand  the  bonds 
are  secured  by  a  first  lien  on  the  land,  and 
that  this  lien  is  preferred  to  all  other  in- 
cumbrances.  That  being  the  case  there 
can  be  no  doubt  but  the  security  is  ample, 
and  when  the  high  rate  of  interest  they 
carry  is  taken  into  consideration  the  bonds 
ought  to  meet  with  a  ready  sale  and  be  re- 
garded as  a  first-class  investment." 

E.  Simon  of  17  Battery  street:  ''I  have 
had  the  best  attorneys  in  the  city  look 
into  tne  matter  of  the  Wright  irrigation 
law,  and  they  have  pronounced  it  legul  in 
every  particular.  The  bonds  issued  un- 
der this  law  I  believe  to  be  amply  se- 
cured by  the  iand  which  they  cover.  They 
are  a  first  lien  on  the  laud  and  a  constant 
lien.  The  land  id  always  responsible  and 


money  ootan 


by  the  sale  ot  the  bonds 


is  always  good  lor  me   bonds,  wmcn  run 
twenty  years  and  pay  interest  at  the  rate 

!>er  cent." 

M.  Samuel  of  the  Pacific  Jewelry  Com- 
pany, 19  Battery  street:  "Of  course,  I  be- 
lieve in  irrigation  bonds,  and  1  believe  ia 
them  to  that  extent  that  I  invested  in. 
$4500  worth  of  them,  which  makes  me. 
a  nolder  of  about  $50,000  of  this  collateral. 

1  looked  into  the   matter  myself  and  had    much  the  Wright  irrigation  law  is  doing 

the  best  attorneys  in  the  city  do  the  same,    amt  wm  do  for  California,     Bonds  issued 

i  with  the  result  of  being  absolutely  con-  1  by  the  irrigationists   I   believe  to  be  per- 

i  vinced  as  to  their  worth  and  reliability."!  iectiy  good,  equal,    so  far  as   security  ia 

(Charles  Flammer  of  Samuel  More  <fe  concerned,  to  any  ever  issued  in  the  State. 
Co.,  406  fciansome  street:  "I  consider  the  They  bring  a  good  interest,  and  1  believe 
bonds  amply  secured  by  the  lands  which  will  rapidly  grow  in  favor." 
they  coyer.  Money  invested  in  the  bonds  g.  j.  Friedlander,  of  S.  J.  Friediander 
I  think  is  safe.  Yet  I  have  made  no  thor-  i  &  ^o  21  Sansome  street:  "1  consider  the 
ough .examination  of  the  subject,  audrnyj  bonds  to  be  as  good  security  us  a  man 
opinion  is  not  equal  to  that  ot  those  who!  .seeking  an  investment  would  want.  The 


is  expended  in  securing  water  on  the  land 
then  the  value  of  the  land  is  greatly  en- 
hanced and  the  bonds  ara  rendered  doubly 
secure." 

Philip  S.  Teller  of  Norton,   Teller   &** 
Co.,  ~4  California  street:  "I  have  traveled 
in  ''all  portions    of   the   State  and  know, 
trom  wnat  I  have  seen  and  heard,  how 
much  the  Wright  irrigation  law  is  doin 


nave  made  a  complete  investigation,  and 
who  are  acquainted  with  the  legal  aspects 
of  the  case.  But  wiiat  I  do  know  of  the 
matter  leads  me  to  think  the  bonds  ara 
well  secured." 

William  Cox  of  the  Cox  Seed  and 
Plant  Company,  411  Suneome  street:  "I 
consider  the  irrigation  bonds  worthy  of 
every  confidence,  and  believe  them  to  be 
amply  secured.  I  see  no  reason  why  the 
investment  should  not  be  considered  as  of 
the  best  character." 

R.  J.  Trumbull  of  Trumbull  &  Beebe, 
419  Sansome  sireet:  "If  the  Wright  Irri- 
gation bill  is  legal,  as  I  think  it  is;  if  the 
land  covered  by  the  bonds  is  valuable,  as 
it  must  be,  else  the^  water  would  not  be 
brought  upon  it;  if  the  amount  of  the 
bonds  does  not  exceed  the  value  of  the 
laud  they  cover,  then  I  consider  the  bonds 
a  good  investment  and  safe  in  every  par- 
ticular." 

C.  W.  Coourn  of  Coburn  &  Tevis,  107 
Front  street:  "As  a  general  proposition  I 
consider  the  bonds  of  the  irrigation  dia- 


bonus  are  well  secured  by  the  lands  on 
which  they  are  issued.  I  understand  they 
are  a  first  lien  on  the  land,  and  are  ahead 
oi  mortgages  in  case  of  a  detauit  of  pay- 
ment. They  pay  a  good  rate  of  interest 
and  run  a  long  time.  What  more  could  a 
man  ask  for?" 

Li.  Weil,  of  Greenebaum,  Weil  &  Mich- 
els,  17  bansome  street :  "Of  course  1  co  n- 
sider  the  bonds  issued  under  the  provis- 
ions of  the  Wright  act  to  be  good.  Why 
shouldn't  they  be  good?  The  bonds  pay 
(i  per  cent  interest  and  are  a  first  lien  on 
the  land;  they  are  ahead  of  mortgages 
and  of  every  other  incumbrance.  The 
man  who  wouldn't  accept  that  as  a  secur- 
ity would  not  trust  the  United  .States  for 
a  two- bit  piece." 

Albert  A.  Son  of  Son  Brothers,  18 
Sansorne  street:  "  I  consider  the  bonds  to 
be  a  sure  investment.  I  do  not  see  how 
any  one  can  question  the  security.  They 
are  amply  secured  by  the  provisions  oi'  the 
Wright  bill,  which  the  Supreme  Court  of 
this  State  in  iour  decisions  has  pronounced 


trict  a  good  investment.  They  are  well  ;  vnji(i  an(j.  constitutional.  The  bonds  pay 
secured,  yield  a  good  interest,  are  a  lien.  ( a  E0od  rate  of  interest,  and  are  sequred  by 
upon  the  land,  and  in  short  ara  as  good  a  nrst  lien  on  the  land.  That  ought  to 
property  in  the  shape  of  bonds  as  a  manv  mQi^e  them  perlectly  secure." 
can  hold.  Besides  that,  they  benefit  the.  Henry  Kahn  of  Kahn  Brothers,  Bine 
State  in  that  their  sale  supplies  the  means  &  Co>  g;2  Bausome  street:  "  I  believe  the 
of  irrigating  large  bodies  of  land  whiciiv  imRati£m  bonds  are  secure,  and  I  believe  i* 
immediately  begin  to  increase  theiy(  t(J  be  the  duty  of  tue  business  men  of  this 


products  and  enhance  in  value.' 

C.  E.  Whitney  ot  C.  E.  Whitney  <fc 
Coc,  lol  Caiilornia  street:  "I  think  the 
bonda  rest  on  a  good  business  basis,  and 
will  prove  a  good  investment.  Of  course 
it  is  possible  for  a  district  to  issue  bonda 
illegally,  or  beyond  the  value  of  the  land 
for  which  they  are  issued.  Therefore,  I 
say  that  an  investor  should  exercise  in  his 
purchase  of  bonds  the  same  degree  of 
business  caution  that  he  would  in  any 
other  business  enterprise.  Let  the  in- 
vestor be  sure  that  he  has  the  best,  and 
then  he  may  conclude  that  his  bonds  are 
the  equal  in  value  and  security  to  those 
issued  by  any  corporation  in  the  State." 


to  cit}T  further  the  interests  of  the  irrigation 
districts.  We  lack,  enterprise,  push,  vim 
and  the  characteristic  oi  pulling  together 
for  the  good  of  all.  These  bonds  are  a 
sure  i/ivestment,  and  by  means  of  them 
thousands  of  acres  of  unproductive  land 
in  this  State  can  becomy  productive  and 
can  support  a  greatly  increased  popula- 
tion. 

Max  Lievy  of  Jules  Levy  <fe  Brothers,  5 
Sansome  street:  "If  there  is  one  enter- 
prise more  than  another  that  ought  to  be 
furthered  by  the  business  men  of  the 
State  it  is  that  of  the  irrigation ists,  who 
are  doing  more  to  enhance  the  value  of 
real  estate  and  increase  our  business  than 


F.  W.  Van  Sicklen  of  Dodge,  Sweeney  i  anv  other  class  of  men.  Tne  best  way  to 
&  Co.,  114  Market  street:  "1  have  heard  j  secure  irrigation  is  by  the  formation  of. ir- 
and  read  a  eood  deal  about  irrigation  j  rigation  districts,  which  districts  issue 
bonds,  and  I  am  convinced  they  are  a  uomis  that  are  amply  secured  by  the  land 
good  thing — as  good,  in  fact,  as  can  be  011  which  they  are  issued.  These  bonds! 
found  almost  anywhere  in  the  shape  ot  believe  to  be  a  first-class  i 


an  investment.  When  issued  they-  atfe  se- 
cured by  a  first  lien  on  the  land,  which  m 
point  of  value  at  the  tune  i*  more  than 
ehe  amount  of  the  bonds.  This  is  ample 
security  in  itself.  But  the  minute  the 


investment  and* 

worthy  of  the  attention  ot  capitalists  gen- 
erally." 

T.  C.  Friedlander,'  secretary  of  the 
San  Francisco  Produce  Exchange  :  "I  am 
heartily  in  favor  of  the  bonds.  There  is  no 


on, 
where 


Question  at  all  as  to  the  value  ot  irrigation,  their  favorable  opinion  ot  tho  b 
in  California.     The  Wright  bill  furnishes  concur  in   the  conclusion  that 
landholders  the  means  of  obtaining  water  irrigatin"- district    has   been  organized  ac- 
%^^£^^&tS?W.?«*to*°'>  the  provision,  of  ,i.   Wr1(?,,l 


provisions 
the    boi'ula  have 


Keen    legally 


In  II    wh<kn 

furnishes  investors  a  sure  marke  ,_„'_,    Jind   wheu  the   value  of  tho   land 

*  t!ie  amour.t  of  the   bonds  issued, 
can   be    no    question  but  the 
secure  investment,   and  aro 


'  money  m  the  siiape  ol  the  bonds  issued  by  , 
.  districts  ioriued  under  its  provisions.  K 
!  these  districts  are  organized  according  to 

'law,   if   the  land   lies  m  such  ehaps  .that        rthv  ot  lhe  oollI5doilCe  of  any  intending 

water  can   be  run   all  over  it  and  11  th»  ,          "  __ 

a 

J  - 

than   the   amount  of  bonds   issued,  then  iheartily  m  iavor  oi 
there  can  be  no  question    but   these  b  to   secure   it   than  mywl  I 

are  asure   an  investment  as 


Brown,  cashier  of  the  Bank 


ndn 
and  means 

I  bene\e  that 


Price,  assayer,  of  5 

meat  street:      '1  am  areatly  mtereBte     m-     ,r  -         wtoidebie   discussion.     Bonds 

ihe  success  of  the  Wrigac  bill  and  m  lui-  >fte^8tt|d  under  lhis  biu,  !imt  the  validity 
I  gauon  generally  As  a  rule,  I  believe  water*  .  ,  b  d  d  enils  upoll  three  condr_ 
'  can  be  put  upon  land  in  tne  c^upest  way  t  First-I,  the  Wright  bill  constitu- 

by  the  inhabitants  of  the  district  tormin*  .}££{/  8ecOn,l-C,n  alfthe  laud  in  the 

themselves  into  an  irrigating  district  un-,^  ^  ~b  irriau.d?  Third-Is  the 
I  der  the  provisions  of  .the  .Wright  ;  iaw,  a^i  ainouiu  of  the  bonds  to  u  sutiuuent  de- 
issuing  bonds  for  the  amount  necessary  t<  I  greeless  than  th«  value  ot  the  land  in- 
secure proper  irrigation  facilities.  Those  t  clu(led  Wlthm  the  di.-strict?  If  these  three 
bonds  are  a  firs!;  lien  on  the  land,  pay  b  j;questioas  can  ail  be  aziswe  ed  in  the 
per  cent  interest,  and  to  my  mind  are  a  .,lnrlmiUVQ  by  any  district,  then  the 
perfectly  secure  investment—  in  fact,  taey  |  |.onds  o(  that  district  oucht  to  be 
areas  secure  as  any  investment  can  c,  p%>erfectiy  good  and  well  Hectired.  Per- 
as  the  lantl  bclore  irrigating  is  ^'or  n  !  Anally  1  have  the  greatest  faith  in 
more  than  the  amount  of  the  oonds  is-  |  tue  -onnds  Of  several  districts  which 
iued,  and  its  value  keops  steadily  increaa-  ?  jrlve  aiready  been  tested  in  the  courts,  aiui 
ing  after  water  has  been  applied.  ,(tne  Jand  ot  wnici,  1S  tar  in  excels  ot  tlu- 

J.  A.  Folder  of  J.  A.  Folger  &  Co.  :  "  f  t  amount  of  bonJs  issued  against  it.  1  con- 
consiuor  the  security  of  tho  bonds  issued  >eider  the  bonds  as  iir;st-class  in  every  re- 
\mder  the  Wright  Irrigation  law  as  ample.  ;  g,pt-ct,  and  see  no  reason  why  they  sliould 
Tho  boiada  should  moyt  With  a  ready  sale,  Jl0t  become  po]mlar  among  men  who  de- 
es they  run  twenty  ye/xrs,  bear  0  per  cent  '  8}re  to  make  long  loans  at  a  good  rate  per 
interest,  which  is  paid  scmi-aanually,  and  cent. 
lire  in  favor  witn  local  capitalists  and  p.  N.  Ijilientha!,  cashier  of  the  Anglo- 

business  men."  Haiitbrnia  Bank:  "i  have  examined  with 

Louis  A.  Game  It,  capitalist,  35  Essex 

Btreet:     "I  cannot  say  that   I  have  made 

a  thorough  examination  of  the  irrigation 

land  question,  bnt    I    nm  satisfied  that  it 

all  the  conditions   arc  fulfilled   the  bonds 

are  a  lirst-clasa  investment     If  a  district 

is  organized    strictly  according    to  law,  it 


considerable  care  into  the  merits  of  the 
.  "\Vright  bill,  and  also  of  the  bonds  issued 
'xmdyr  that  bill.  I  am  greatly  in  favor  ot 


bonds  ajid  think  they  are  a  secure  and 
s;lje  investment.  There  is  no  reason  to 
doubt  the  legality  of  a  ilistrict  organized 
under  the  provision.;  of  the  Wriglu  bill 
Htld  if  t}ie  bon<ls  are  istuud  legally  and 
tixe  jand  \u  tjle  district  is  valuable  and 


the  bonds  are  correctly  issued,  if  the  land 

lies  in  a  way  to  make  irrigation  possible, 

if  the  land  is    good    and  of  such  a  nature  ]catl  ije  made  more  so  l>y  IrHgat.on,  then  1 

that  its  productiveness    is    increase<l   by  ifcee  no  reason    tor  doubting  the  bonds  as 

irrigation,  if    the    amount    of    the  bonds    an  investment.     In  fact  I  tin  a  k  the*  bonds 

docs  not    exceed    the  value   of^  the   hand,  l;0ught  to  receive   the 

then  I  should  conclude  that  an  investment 

ill   the  bonds  of  that  district  was  a  good 

investment,  and   that  the  security  ottered 


, 
was  ample." 


_____ 


Xh.T 


greatest  encourage- 

In0nt  from  our  btisiaet«s  men  generally,  ny 
j^-  tuem  are  ail'oraed  tne  means  ol  irtigat- 
^.g  hundreds  of  thousands  of  tjcres  oi 
g<>od  hind  in  .  OaliJornia,  \vluch  irn^atjou 
'%V|1JL  rQ:?uU  itl  i»crej»ii!g  tiie  population 
and  productions  of  the  State.  That  ine-ins 
«tivUy  ia.;;,l  >^*  «»'£»•  ^ 


FaANCISCO)  May  10 
&q.t  pr>:^d:-:nt  &DI  F 
.—  DKAR&R:  An 


.--  terry  Ua?d- 

>  r.-o,/-,;,^  EX.- 
vUj'i  cw 


Great   Confldenc.  ,n  ,h. 

tervic.,  with  and  ,.t- 
ters  from  the  omcials  ot  the  leading  bank- 
ing  institutions  of  the  State  prove  most 
conclusively  how  high  is  the  estimation 
in  which  they  hold  th.  irrigation  bonds. 

The  bankers  whose    individual   opinions    0[  "district  irfigatioii  bonds,"  mid  1 
are  here  given  are  not  confined   to  locali- 
ties  whose  present  prosperity  is  due  to  the 

direct  effects  of  irrigation,  but  belong   as  i  i,:.iuuui  mubrt-miuiin;,'  ant 
w*ll  to  place,  where  irrisatio,,  i,  yot  com-  |  *---  •» 

paratively  untried.     Ihe  bankers  ot  bao  UCtful-tiu  /ormnlticiii^tsom«  plan  ofharmouious 
Fianclsco   nre    particularly  outspoken  in  i».«£iou  on  tU«  pan  ut  ail  goirt;eriivd  It  will  KO 


b 


'        there  has  boon  no 
ony:  locui  buttk*  nndi 


among  | 


i  investors  Mere  KH.I  abi 
•  n.-.-t   i.-laee.the  !ac-r  th.-it  R  Supreme 
'iod-.rn  fi.ppgxVs  10  ho  nee  -x-^ry  iu  tucu 
ds  toe  uninitiated  lo  beiievi- 
•i;u  ia.jiv  i:-,  :>orai;  djivct  in  this  huv  requirinsr 
itiva  remedy,  and.   uiui.  sacm  time  us  one 
:i    \v.\!i   s'.i  Ijou    .or  all    disiric.-i.s    certain 
on  as  nr«  sure  to  Da  unm-orAi^y  t;ff-ct«d  and 
nivi.nately  uiLet  on  the    negotiation  of   all 
punas  ui  th:s  oiuuucter. 

ihis  diilicalry  overcome,  it  would  add  to  the 
(iK-eof  ijitcnduigli»vesU>r>ttaSt»ttet.oard 
;rol — w::o.iu  lUiiant-;-  o»  ul'jction  could  be 
o;  a.  naU:rd  t  >  divert  U  of  t>vcrv  possible  politi- 
•;;;inix^d,  wlta   full  powers  to 
vvithiu  uu-  law  tne   lunnojous  and  vari- 
ous, uiAVreiice*  existing  union.*  cm.'  residents 
tit  an.v  particular  die- trie u     Thi/ir  power  would 
t'ntoiieally  make  taem  ;i  gonu-r-i  court  of  arDl- 
inition,  nr.d  when  upou  proper  application,  in 
tiit'lr  opinion,  districts  .--hoald    ue   organised 
ar.d  bonds  issued,  the  more  fac.t  of  their  recoin- 
i:..<?nda!ion,   together  with  the    knowledge  of 
tiuir  constStutloilftlity,    would  runke    them  a 
Itivored  foriii  uf  in/oytiucnt  and  facilitate  the 
g  tieraldcv-olopajoiit  01  such  aectiona  of  our 
State  ft*  require  irrig&tiou  of  this  sort. 

*>;:*** 

tinder  the  foregoius  conditions  we  believe 
Hot  only  the  s«viii£s  bunks  of  th's  city  who 
are  enlarging  the  scope  of  their  outstanding^ 
Avould  come  in  us  free  lortiiers  on,  if  not  pur- 
chase-is uf,  tins  cias;i  of  securities  but  the  com- 
mercial bunks  would  d-scjist  in  tlie  placing  of 
these  bonds  with  E -ihtern  aiid  foreign  inves- 
tors, who  arc  only  waiting  lor  6t5C!r  iadorae- 
m--nt  ns  we  could  give  them  to  freely  put  their 
funds  into  ,he:-u.  Yours  *iuc<?r«ly, 

1'.   N.   LlLIENTHAL. 

Daniel  Meyer,  banker  »at  2.12  Pine 
street-:  "  To  the  question,  what  I  itiinic  of 
irrigation  bonds,  the  best  reply  I  can 
make  is  that  I  am  a  holder  of  the  bon<ir< 
of  these  irrigation  districts  to  quite  alarge 
extent.  I  consider  the  secumy  ample,  as 
the  bonds  ere  a  lirst  lien  on  the  land,  and 
the  value  of  this  land  increases  in  propor- 
tion to  the  degree  it  is  irrigated  and  culti- 
vated. If  land  is  worth  as  much  or  more 
than  the  amount  of  the  bonds  before  irri- 
gation is  obtained,  then  the  bonds  are  cer- 
tainly good;  but  after  irrigation  the  se- 
curity of  the  bonds  is  still  further  en- 
hanced by  the  increase  in  the  value  of  ihe 
land.  The  bonds  have  been  sold  largely 
here  in  San  Francisco,  and  they  would 
meet  with  a  readier  sale  if  our  large  capi- 
talists would  be  content  with  6  per  cent 
interest.  But  they  want  more,  and  con- 
sequently do  not  invest  very  largely 
in  irrigation  bonds.  Tiie  bonds  are 
issued  under  the  Wright  act,  which  has 
been  pronounced  valid  by  our  hi£h*st 
courts.  If  a  district  is  organized  accord- 
ing to  ail  the  requirements  of  this  act,  if 
the  bonds  are  legally  issued,  and  if  the 
amount  of  the  bonds  does  not  exceed  tne 
ralue  ot  the  land,  then  I  cannot  see  how 
the  bonds  could  in  any  way  be  insecure, 
or  how  they  could  luif  to  corumond  them- 
selves to  th'e  attention  of  our  capitalists 
as  soon  as  they  became  acquainted  witJi 
and  recoxnized  the  merits  of  the  bonds, 
&nd  tbe  laws  and  safeguards  by  which 
they  are  surrounded.  I  am  glad  Eastern 
and  foreign  capitalists  are  beginning  to 
make  inquiries  concerning  the  bonds  and 
to  invest  in  them.  The  time  is  not  far 
distant  when  The  bonds  of  these  districts 
Will  rise  to  a  par  value  and  even  beyond 
it,  and  will  b«s  sought  after  as  among  the 
mo'st  desirable  bonds  to  be  obtained  any- 
wh»re.(> 

H.  Waclsworth,  treasurer  of  Wells, 
&  Go's  Bank:  "I  cannot  aaj 


that  I  have  given  the  matter  of  irrir 
bonds  issue  1  !>y  the  several  districts  the 
.careful  attention  that  tiie  importance  of 
the  caS'5  demumiH.  Bur  I  kr.o\v  that  the 
Supreme  Court  has  tested  the  matter  in 
several  important  cases,  and  that  in  over)' 
instance  the  bonus  have  stood  the  legal 
test.  Tliis  fact,  in  connection  with  the 
fact  that  the  bonds  are  a  first  lien  on  the 
land,  ought  to  stamp  them  a?  being  per- 
fectly secure;  as  secure  as  any  other  bonds 
now  on  the  market.  The  interest  paid  is 
6  per  cent,  which  ought  to  be"  satis- 
factory." 

W.  F.  Goad,  attorney-at-law  and 
director  of  Wells,  Fargo  &  Go's  Bank:  "1 
am  heartily  in  favor  of  irrigation  and  irri- 
gation bonds.  I  have  been  a  resident  of 
this  State  for  manv  year*  and  I  realize 
how  great  a  benefit  water  is  to  a  thirsty 
soil.  Irrigation  more  than  doubled  the 
productive  power  of  tho  land.  It  is  good 
not  only  for  tha  growth  of  orchards  c.nd 
vineyards,  but  also  can  be  used  most  ad- 
vantageously ior  cereals,  alfalfa  and  tlio 
like,  irrigation  can  bo  secured  either  by 
private  capital  or  by  the  formation  of  irri- 
gation districts.  The  lormer  method, 
however,  as  a  rule  is  more  costly  to  the 
farmer  than  if  he  owned  a  snare  in'an  irri- 
gating system,  such  as  is  practically  the 
case  in  districts  formed  uniler  the  Wright 
act.  I  have  had  considerable  to  do. with 
these  districts  and  have  been  associated 
with  the  leading  attorneys  of  this  city  in 
the  endeavor  to  oppose  the  formation  of 
certain  districts,  and  to  prove  the  ille- 
gality and  unconstitutionally  of  the 
Wright  bill.  These  legal  contests  have 
been  very  thorough  and"  hard  fought,  and 
have  gone  over  the  trround  from  the  time 
the  first  petition  of  the  irrigiUionlsts  was 
brought  forward  to  the  time  the  bon  :s 
were  issued.  We  tried  hard  to  find  a  flaw, 
but  were  unable  to  <lo  so.  As  a  result  1 
came  to  the  conclusion  the  bonds  were  as 
good  an  investment  as  could  be  desired— 
i>p  good,  in  fact,  that  I  purchased  at  one 
time  bonds  to  t-he  amount  of  $100,000,  and 
at  another  to  the  amount  of  $00,000.  That 
it  evidence  that  I  have  faith  in  the  bonds 
and  believe  that  they  are  safe  and  are 
amply  secured." 

F.  G.  Murphy,  president  of  First  Na- 
tional Bank:  "it  would  be  difficult  to 
find  in  the  State  a  more  enthusiastic  be- 
liever than  myself  in  the  benefits  resulting 
from  irrigation.  Abundance  of  water 
means  abundance  of  crops,  of  money,  ot 
population.  Scarcity  oi  water  means  un- 
certainty ot  crops,  little  money  and  n 
scattered  population.  The  best "  method 
ot  obtaining  water  lor  irrigation  purposes 
seoms  to  be  through  the  provisions  of  the 
Wright  bill,  which  has  been  pronounced 
constitutional  by  the  beat  legal  authorities 
ai  the  State.  A«  to  tlu>  bonds  issued 
under  the  provisions  of  the  Wright  bill,  if 
a  dist'-ict  has  conformed  to  ah  the  legal 
requirements  of  the  bill  in  the  various  \ 
steps  of  its  organization,  if  the  bonds  have 
been  issued  in  conformity  to  law,  and  if 
the  value  of  the  land  is  a  proper  equiva- 
lent to  the  amount  of  the  bonds  issued, 
then  the  bonds  ought  to  be  good  as  an  in- 
vestment, and  ought  to  meet  with  a  ready  * 
sale." 

Kujfene  Meyer,  manager  of  the  Lon- 
don, 1'ari.-.  and  American  Bank:  "I  cou- 
-ider  irrigation  bonds  to  be  good,  from  a 
financial  standpoint.  Take  'lor  example] 


an  irrigation  district  that  tue  courts  have 
decided  to  be  legally  organized,!!)  conform- 
ity to  the  Wright  bill,  whose  bonds  are  less 
than  the  value  of  the  laud  and  have  been 
legally  issued.  These  bonds  are  a  first 
.  lien  on  the  land,  und  as  such  ought  to  be 
amply  secured.  I  should  consider  such 
iionds  to  be  a  sale  investment,  and  I 
think  they  will  grow  rapidly  into  public 
lavor.  Tilts  (security  is  increased  in  pro- 
portion to  the  amount  of  water  that  is  in- 


is  periectly  secured  by  the  land  covered  Dy 
the  bonds,  which  are  a  first  lien  on  the 
iand.  TJiis  land  is  constantly  increasing 
in  productiveness  and  alao  in  population", 
which  facts  increase  the  security  of  tlie 
bonds.  As  a  banker  in  a  district  where 
irrigation  is  practiced  extensively  I  have 
no  hesitation  in  stating  the  bonds  in  my 
opinion  are  perfectly  secured." 

N.  I).  Hideout,  president  of  the  Lon- 
,  don    and    San    Francisco    Bank:     "As   a 

troduced  into  the  district  for  irrigation  |  banker  i  feel  somewhat  delicate  in  ex- 
purposes,  and  in  proportion  to  the  conse-  |!  pressing  an  opinion  as  to  the  value  of 
quent  increased  productiveness  ot  the  .  securities.  I  am  inclined,  however,  very 
land."  lavorabiy  toward  the  irrigation  bonds, 

James  S.  HutcMnsoTi,  manager  of  j  ana  believe  that  generally  they  rest  on  a 
ihe  Suthet  JJuniung  Company:  "in  ro-  j  sound  financial  basis.  In  investing  in 
gard  to  the  irrigation  bonds  which  are  at-  ',  irrigation  bonds  the  intending  purchaser 
tracting  such  increased  attention  lately,  I  ^'should  use  the  same  methods  he  employs 
think  the  bonds  uutdit  not  to  be  passed  in  ail  other  investments,  such  as  real 


upon  or  considered  as  a  whole,  but  that 
tlie  bonds  01  each  district  should  be  ex- 
amined apart  from  all  other  districts,  and 
that  the  worth  ol  the  bonds  ot  any  one 
district  depends  upon  whether  or  not  said 
district  in  its  organization  and  issuance  of 
bonds  has  complied  with  all  legal  re- 
quirements, and  whether  the  value  oi  the 
land  in  tho  district  is  equal  to  or  in  ex- 
ce?a  of  the  amount  of  the  bonds,  which 
are  a  first  lien  upon  the  land.  If  a.  dis- 
rict  can  stand  thcus  legal  and  financial 
;eais  than  its  bonds  ought  to  be  as  good  as 
any  bonds  that  can  be  placed  upon  the 


Gustav  Sutro  of  Sutro  &  Co.,  bankers, 

Jut-*  -Montgomery  street  :  "i  consider  irri- 
gation bonds  good.  They  have  been  lasted 
in  i  he  Supreme  Court  and  have  been 
pronounced  leg  '1  —  at.  least  some  of  them 
have.  They  are  issued  by  -districts  which 
have  certain  legal  requirements  to  comply 
\vith,  and  when  this  has  been  done,  and 
when  a  due  proportion  exists  between  the 
Amount  of  the  uond:<  and  the  value  of  tlie 
land,  then  1  see  no  reason  for  doubting  in 
the  least  the  security  of  the  bonds." 

J.  F.  Bigelow,  vice-president  of  the 
Novaua  Bank:  ''Irrigation  bonds  are 
similar  to  other  .bonds,  such,  for  example, 
as  bonds  issued  by  our  various  local  street 
e.ir  and  cable  corporations.  Some  of 
i  hose  bonds  rank  higher  than  others  and 


estate,  for  example.  Because  some  real 
estate  investments  are  good  it  does  not 
naturally  follow  that  all  are  equally  aood. 
So  with  irrigation  bonds.  There  are  three 
conditions  which  must  bo  fulfilled  in  or- 
der that  irrigation  bonds  be  above  ques- 
tion. First,  the  Wrigat  law  must  (as  I 
thinK  it  i*)  be  constitutional ;  second,  the 
organization  of  the  irrigation  districtmust 
be  legally  effected,  and  all  conditions  com- 
plied with;  third,  the  vP.lue  of  the  land 
mast  be  sufficient  to  cover  the  amount  of 
the  bonds  issued.  These  three  conditions  j 
being  fulfilled,  t-hero  is  no  reason  why  the  j 
bonds  are  not  amply  secured,  and  are  not 
on  a  par  with  bonds  that  are  MOW  in  great 
demand  among  investors." 

F.  P.  Morrison,  president  First  Na- 
tional Bank  ol  iiedlands:  "I  consider  ir- 
rigation bonds  a  good  and  sale  investment 
When  they  meet  the  requirements  of  the 
Wright  law  as  to  organization  of  the  dis- 
trict and  issuance  of  the  bonds,  which 
wouid  include  the  confirmation  proceed- 
ings under  the  act  of  1889,  and  when  the 
land  is  ample  security  for  the  amount  to 
be  bonded.  The  ability  to  meet  interest 
promptly  should  be  considered.  Tho 
courts  have  declared  the  machinery  good, 
and  the  above  tests  are  only  those  that  are 
applied  to  bonds  in  general.  Irrigation  is 
)f  uow  a  most  important  factor  in  quicken- 
(1  !  ing  thy  development  and  growth  of  Caii- 


i 

.•re  in  greater  demand  as   an   investment,  j  forma,  and,  consequently,   tho  interests  ot 

So  it  is'oi  the  bond*  of  the  various  irriga-     its  bankers  and  capitalists.     They,    there- 


rriga 

uon  districts.  When  the  bends  of  any 
•  lislrict  have  been  passed  upon 
favorably  by  competent  attorneys, 
when  '  engineers  say  the  system 
of  irrigation  is  all  that  is  required,  when 
experienced  appraisers  pronou'nce  the 
value  of  tho  iand  to  be  far  in  excess  of 
that  of  the  bonds,  then  it  is  sate  to  say 
ihero  is  no  reason  ior  distrusting  the 
u.mcls,  and  tho  security  seems  to  be 
ample." 

A.  K.  Cr  a  vft  tli,  a  prominent  banker  at 
Escondido,  Gal.:  "  The  Wright  Irrigation 
oil!  is  doing  a  vast  amount  oi  good  for 
California,  and  the  benefits  resulting  from 
it  will  be  constantly  increasing.  By  means 
ot  this  bill  capitalists  are  induced  to  invest 
i  heir  money  in  enterprises  which  develop 
the  State,  "and  which  transform  barren 
fields  and  deserts  into  orchards,  waving 
holds  of  grain  and  veritable  garden  spots. 
Every\yhere  in  Southern  California  you 
aee  evidences  oi'  this.  The  money  thus 
invested  is  not  only  a  benefit  to  the  local- 
ity where  it  is  expended,  but  also  yields  a 
good  return  in  ititftF0Bt.£&i&£  investor,  \yho 


iorc,  should  give- these 
courage  meat    in    their 


bonds 
power 


every   eu- 


where  the 
conditions  nbove  referred*  to  are  satisfied.' 

O.  McHenry,  president  First  National 
Bunk  of  Modesto:  ''I  have  examined  the  ; 
Wright  Irrigation  law,  and  am  familiar  i 
with  the  issuance  of  bonds  under  it?  to- 
gether with  the  great  enhancement  of  val- 
ues of  land  provided  with  irrigation  facili- 
ties. I  arn  of  the  opinion  that  when  the 
terms  of  said  law  are  properly  complied 
with  such  bonds  form  one  of  the  very  best 
securities  iOr  permanent  investment. 
There  in  absolute  security  for  the  payment 
of  interest  and  for  the  redemption  of  the 
bonds  when  they  shall  have  reached  ma- 
turity, and  1  recommend  them  to  all 
seeking  long-term  investments  for  trust 
and  other  funds." 

E.  O.  Dyer,  cw.sb.ier  Riverside  Banking 
Company:  "We  consider  'irrigation 
bonds,'  issued  under  the  'Wright  act,'  and 
in  strict  compliance  with  the  irrigation 
laws  of  the  State,  a  good  and  sate  invest- 
ment, but  would  recommend  to  investors  j 
thorough  investigation  in  regard  to  the  j 


value  and  quality  of  lands  they  were  10 
cover,  as  weil  as  the  means  ot  obtaining 
an  ample  supply  of  water.  In  districts 
where  those  conditions  are  favorable  the 
bonds  cannot  bo  otherwise  than  a  good 
5tt^-"«tment,  and  we  know  of  no  better  se- 
curity." 

A.  Ij.  Crcssey,  president  Modesto 
Bank:  "1  have  examined  the  Wright 
irrigation  law  and  am  familiar  with  the 
method  of  the  issuance  of  bonds  under  it. 
together  with  the  great  enhancement  of 
values  of  land  provided  with  irrigation 
facilities.  I  am  ot  the  opinion  that  when 
the  terms  of  the  law  arc  properly  com- 
plied with  such  bonds  form  One  of  the 
very  best  securities  for  permanent  invest- 
ment. There  is  absolute  security  for  the 
payment  of  interest  and  for  Iho  redemp- 
tion of  the  bonds  when  they  shall  have 
reached  maturity,  and  we  recommend 
them  to  ail  seeking long-term  investments 
lor  trust  and  other  funds." 

A.  H.  Naftzger,  president  First  Na- 
tional Bank  oi  liiverside:  "In  reply  to 
your  request  for  our  views  regarding  irri- 
gation district  bonds  issued  under  the 
provisions  of  the  Wright  act,  I  beg  to  say 
that  we  consider  tlu'-se  bonds  very  desira- 
ble to  those  wishing  to  make  investments 
not  to  be  disturbed  for  a  long  term  of 
years.  Usually  such  beads  are  issued  cov- 
ering lands  nearly  or  quite  without  im- 
provements. Tnis  be' ing  the  case  it  fol- 
lows that  if  the  land  be  capable  of  devel- 
opment and  the  water  supply  undoubted  ' 
the  rrrirgin  of  security  for  the  bopds  must  \ 
rapidly  and  greatly  increase.  Care  should 
be  exercised  touching  the  legality  of  the 
issue,  quality  of  land,  supply  of  water, 
in  short,  the  same  care  and  scrutiny 
that  a  conservative  investor  would  bring 
to  the  investigation  of  any  other  class  of 
securities.  In  these  particulars  each  dis- 
trict must  make  its  own  showing.  1 
might  say  that  we  know  more  about  the 
East  Riverside  Irrigation  District  than 
any  other,  it  being  near  us.  The  land  in 
this  district  is  of  a  superior  quality,  loca- 
tion the  best,  and  with  the  other  condi- 
tions properly  met,  we  can  unhesitatingly 
recommend  these  bonds  as  amply  se- 
cured." 

W.  F.  Baird,  vice-president  Bank  of  Ma- 
dera :    "I  have  examined  the  Wright  irriga- 
tion law  and  am  familiar  with  the  method 
of  the  issuance  of  bonds  under  it,  together 
with  the  great  enhancement  of  values  of 
lands   provided   with   irrigation  facilities. 
I  am  of  the  opinion  tnat,    when  the  terms 
of  that  law   are   properly   complied  with, 
such  bonds  form  one  of  the  very  best  se-  j 
cunties  for  permanent  investment.    There  j 
la  absolute  security  for  the  payment  of  in- 
tere.st  and  for  the  redemption  of  the  bonds 
i  when  they  shall   have  reached  maturity, 
i  and   1  recommend  them    to  all    seeking 
:  long  term  investments  for  trust  an.d  other 
;  funds." 

J.  A.  Strout,  president  Bank  of  Selma: 
"I  have  examined  the  Vv7 right  irrigation 
law  and  am  familiar  with  the  method  ot 
the  issuance  of  bonds  under  it,  together 
with  the  grent  enhancement  of  values  of 
lands  provided  with  irrigation  facilities. 
I  am  oi  the  opinion  that  when  the-  terms 
of  that  law  are  properly  complied  with 
such  bonds  form  one  of  the  very  best  se- 
curities for  permanent  investment.  There 
is  an  absolute  security  for  the  payment 


of  interest  and  lor  uie  redemption  of  IQ5~) 
bonds  when  they  shall  have  reached  ma-  j 
turit-y,  and  I  recommend  them  to  all  seek-  \ 
ing  long-term  investments  for  trust  and  ' 
other  funds." 

E.  Jjathrop,  president  of  the  Bank  of  ' 
Tuiare:  "I  have  examined  the  Wright  ir- 
rigation law  and  am  familiar  with  the 
method  of  the  issuance  of  bonds  under  it, 
together  with  the  great  enhancement  of 
values  of  lands  provided  with  irrigation 
facilities.  1  am  of  the  opinion  that,  when 
the  terms  of  that  law  are  properly  com- 
plied with,  such  bonds  form  one  of  the 
very  best,  securities  for  permanent  invest- 
ment. There  is  an  absolute  security  for 
the  payment  of  interest  and  lor  the  re- 
demption of  the  bonds  when  they  shall 
have  reached  maturity,  and  1  recommend 
them  to  all  seeking  long-term  investments 
for  trust  and  other  funds." 

D.  W.  Madden,  president  Tuiare 
County  Bank:  "I  have  examined  the 
Wright  irrigation  law,  and  am  familiar 
with  the  method  of  the  issuance  of  bonds 
under  it,  together  with  the  great  enhance- 
ment of  values  of  lands  provided  with 
irrigation  facilities.  1  am  of  the  opinion 
that  when  the  terms  of  that  law  are  prop- 
erly complied  with  such  bonds  are  of  the 
very  best  securities  for  permanent  invest- 
ment. There  ia  absolute  security  lor  tho 
payment  of  interest  and  for  the  redemp- 
tion of  the  bonds  when  they  shall  have 
reached  maturity,  and  we  recommend 
them  to  all  seeking  long-term  investments 
for  trust  and  other  funds." 

Following  are  extracts  from  letters  ; 
written  at  the  request  of  L.  M.  Holt, 
editor  of  the  Alessandro  Orange  Belt,  who 
has  taken  an  active  interest  in  promoting 
public  education  upon  the  desirability  ot 
irrigation  bonds  as  an  investment: 

Ed  II.  Hamilton,  cashier  of  Sacra- 
mento Bank,  fciaennuento,  Cal. :  "When 
the  water  supply  is  amply  sufficient,  and 
the  ia\v  has  been  strictly  complied  with, 
and  the  value  of  the  property  in  tho  dis- 
trict is  sufficient  to  make  the  bonds  #ood, 
we  consider  said  irrigation  bonds  a  fine 
investment,  as  the  security  will  be  gradu- 
ally increasing  in  value  for  many  years  to 
come." 

A.  Montpelier,  cashier  and  manager 
of  Grangers'  Bank,  ban  Francisco:  "Wo 
would  say  that,  the  legality  of  irrigation 
bonds  once  established,  their  value  de- 
pends mainly  upon  the  manner  in  which 
the  undertaking  is  carried  out;  that  is, 
upon  the  relation  the  amount  expended 
bears  to  the  results  accomplished.  Where 
this  is  satisfactory  the  bonds  cannot  be 
otherwise  than  a  good  investment." 

Ijovcll  White,  cashier  of  the  San  , 
Francisco  Savings  Union:  "We  think 
that  some  few  of  the  districts  of  the  Stute 
are  speculative  in  character,  organized  by 
persons  oversanguineof  results,  and  that 
there  are  others  where  lack  of  water  or 
difficulty  of  distribution  will  forbid  suc- 
cess. Discriminating  a^lnst  objectionable 
districts  we  believe  that  "irrigation 
bonds."  so  called,  constitute  desirable  in- 
vestments and  are  a  sufo  voeurity  fo 
loans  by  moneyed  men  and  institution. 
So  soon  as  irrigation  bonds  of  any  pal 
ticular  district  can  be  s  ud  to  be  re'adil 
.saleable  in  the  market  thev  will,  wit 


compote  with   other  securities   when  we 
have-  money  to  invest  or  to  loan." 

E.  J.  Lie  Breton,  president  of  the 
i  French  Savings  and  Loan  Society,  San 
Francisco:  <;I  am  in  u  measure  familiar 
•  with  the  Wright  act  and  the  issuance  of 
irrigation  district  bonds  under  it.  As  a 
principle  I  see  no  good  reason  why  such 
bonds  should  not  be  a  good  investment, 
provided  the  law  has  been  strictly  com- 
plied with,  and  provided  the  bonds  issued 
represent  a  conservative  fractional  propor- 
tion of  the  value  of  the  lands  securing 
theni.  What  the  percentage  of  the  pro- 
portion should  be  would  depend  on  many 
circumstances,  and  it  would  hardly  be 
i  prudent  to  lay  down  a  fixed  ratio.  "The 
S  business  ability  and  integrity  of  the  com- 
i  missioners  are'eloments  to  be  considered. 
Savings  banks,  when  they  buy  bonds 
have  always  to  consider  the  readiness 
with  which  their  holdings  can  be  con- 
verted into  cash.  Until  irrigation  dis- 
trict bonds  nre  generally  known  and 
introduced,  and  as  a  res'ult  find  ready 
sale,  I  would  hardly  consider  them  a 
desirable  investment  for  savings  insti- 
tutions; they  are  a  new  class  of  securities, 
and  can  hardly  be  expected  to  sell  on  a 
6  per  rent  basis." 

William  E.  McConnell  of  the  Santa 
Rosa  Bank:  "Sonoma  county  lands  do 
not  require  irrigation,  hence  We  have  had 
little  to  do  with  tno  irrigation  law  and 
have  had  no  occasion  to  investigate  the 
matter,  and  are  not  sufficiently  posted  to 
give  an  opinion.  The  lands  in  the  irriga- 
tion district  I  know  to  be  valuable,  and 
when  reclaimed  will,  in  my  judgment,  be 
first-class  security  for  the  bonds." 

«J.  E.  Ward,  cashier  of  the  First  Na- 
tional Bank  of  Modesto,  Ca!. :  "We  con- 
sider irrigation  bonds  a  good  investment." 
A.  C.  Henry,  California  Bank  and 
Trust  Company,  Oakland,  CaK:'  "Gener- 
ally speaking  I  would  consider  irrigation 
bonds  to  be  perfectly  good,  but  before  pur- 
chasing anj^particular  bond  I  would  care- 
fully investigate  the  proceedings  in  its 
issuance." 

A.  Li.  Lincoln,  cashier  First  National 
':  Bank  of  Santa  Barbara:  "It  appears  from 
the  report  on  the  subject  of  a  commit- 
tee of  the  Chamber  of  Commerce  that 
if  the  districts  are  properly  organized 
and  all  proceedings  technically  correct, 
the  bonds  afford  the  very  best  security  for 
investments." 

J.  A.  Green,  President  State  Bank  of 
San  Jacinto:  "In  relation  to  the  value  of 
irrigation  bonds  will  say  that  since  the 
courts  have  settled  the  legal  status  of  the 
bonds  there  can  be  no  further  question 
except  oi  secuntjr.  I  have  given  the  mat- 
ter considerable  attention,  and  in  my 
judgment  the  security  is  good,  from  the 
fact  that  the  issue  of  bonds  usually  does  not 
exceed  the  value  of  dry  lands,  which  is 
low  compared  to  well  watered  lands  that 
enable  owners  to  raise  the  more  valuable 
fruits  and  alfalfa." 

Frank  C.  Bolt,  vice-president  of  San 
Gabriel  Valley  Bank,  Pasadena:  "1  think, 
when  legally  issued,  the  irrigation  bonds 
first-class  security." 

Norman  Hideout,  vice-president  of 
Hideout  Bank,  Marysville,  Cal. :  "Local 
capitalists  have  not  up  to  the  present 
time  shown  any  great  eagerness  to  take 
these  bonds,  and  those  that  have  been 


sold  have  mostly  gone  to  foreign  investors, 
but  now  that  the  Supreme  Court  has  sus- 
tained the  Wright  law  and  attention 
is  being  drawn  to  the  value  of , 
these  bonds  I  am  satisfied  that 
1  they  are  aoing  to  be  more  sought  for 
by  investors  in  thia  State.  It  seems  tome 
that  where  the  value  of  the  lands 
in  the  district  is  ample  nnd  the 
proceedings  and  organization  cor- 
rect, the  character  of  the  bonds  should  j 
be  beyond  question.  Irrigation  bonds  in  I 
the  next  year  lire  going  to  have  better 
value,  and  it  is  safe  to  sny  that  bonds  of 
good  districts  purchased  at  any  price  from 
90  to  95  cents  will  prove  profitable  invest- 
ments." 

R.  B.  Murdock,  director  and  cashier 

Bank  of  Orland:  "  The  lands  in  the  Kralt 

and  Orland   Southside  Irrigation  districts 

are  good    security    lor  the    amounts  for 

j  which  they  are  offered  as  security.    When 

1  the  water  is   placed  on   these   lands   they 

will  no  doubt  double  in  value  in  one  year's 

time." 

W.  D.  Woolwine,  cashier  of  the 
First  National  Bank  of  Sail  Diego:  "Be- 
lieving, as  1  do,  that  water  is  a  prime  fac- 
tor in  the  value  and  utility  of  California 
land,  and  knowing  that  with  good  land 
(of  which  there  is  an  abundance)  and  am- 
ple water,  well  directed  effort  in  the  culti- 
vation of  the  soil  is  sure  of  profitable  re- 
turn, it  is  my  opinion  that  irrigation  bondst, 
are  sure  to  prove  both  ft  safe  and  a  profit- 
able investment.  This,  ot  course,  pre- 
supposes that  the  investor  will  look  to  the  : 
details  of  the  issuance  of  the  bonds,  the 
quality  and  quantity  of  the  land  to  be 
irrigated,  and  the  abundance  and  perma- 
nence of  the  water  supply." 

KKAI,     ESTATE     DEALERS. 

They      Spoalt      Highly      of      Irrigation 
Bunds. 

San  Francisco  real  estate  dealers  are 
counted  as  the  most  shrewd  and  far- 
sighted  men  in  the  State  when  it  comes  to 
placing  values  on  land  or  making  in- 
vestments which  are  secured  by  land, 
either  in  city  or  country.  The  leading 
firms  in  this  city  have  been  interviewed 
in  regard  to  their  opinions  of  the  value 
of  irrigation  bonds,  and  they  concur  in  the 
most  emphatic  expressions  of  confidence 
as  to  the  security  of  these  investments. 

!  They  say   that   the   floating  of  Jie  bonds 

I  means  increased  irrigation ;  that  will  re- 
sult in  increasing  the  value  and  product- 
iveness of  California  land  all  over  the 

;  State.  This  in  turn  will  result  in  increas- 
ing the  business  and  prosperity  of  all  our 
;owns  and  cities. 

Wendell  Easton  of  Easton,  Eldridge 
<fe  Co.,  618  Market  street:  "I  consider  the 
irrigation  bonds  as  'gilt  edged.'  No  bet- 
ter security  was  ever  offered  as  nn  invest- 

I  ment  in  this  or  any  other  State.  I  own 
land  in  the  interior,  situated  in  several 
irrigation  districts,  and  I  know  from  per- 
sonal experience  and  observation  how 
much  these  irrigation  districts  hav* 
added  to  the  value  oi  the  land  they  in- 
clude. This  is  proof  positive  that  the  se- 
curity of  the  land  is  good.  If  more  proof 
is  desired,  then  all  that  is  necessary  is  to 
remember  that  the  bonds  are  a,  first  lien 
on  the  land,  and  that  the  highest  trib- 
unals in  tins  State  have  pronounced  the 


;  Wnght  bill  constitutional,  ana  tnese 
[  bonds  issued  under  its  provisions  are 
:  legally  issued  and  the  aecuritv  ottered  is 


M.  W.  Bell  of  the  $f.  C.  Carnall  Ocrn- 
1  puny,  (324  Market  street:  "I  can  say  with- 
out reserve  that  I  believe  th«  bonds  issued 
by  the  irrigating  districts  in  the  State  are 
as  good  us  are  the  bonds  of  tUe  Spring 
Valley  Wntcr  Company  or  the  San  Fran- 
cisco Gas  Company,  or  any  other  tirst- 
chuss  security.  1  suppose  no  one  will 
question  the  strength  or  solidity  of  those 
companies  or  the  valua  of  their  stock.  Yet 
it  seems  to  me  that  tne  bonds  of  these 
irrigating  companies  are  just  as  secure 
and  will  soon  come  into  just  as  great  de- 
mand." 

C.  H.  Street  of  319  Pine  street:  "As  a 
reul  estate  agent,  dealing  chiefly  in  coun- 
try lands,  my  experience  has  been  that 
tbeso  irrigation  bonds  are  perfectly  secure. 
They  add  immeasurably  to  the  value  of 
the  land  on  which  they  are  issued,  and 
thus  add  to  their  own  security.  They  are 
legal,  are  indorsed  by  the  best,  business 
men  of  the  city  and  State,  and  are  rapidly 
growing  in  favor  with  capitalists.  1  seo 
no  reason  why  they  should  not  rank 
equal  with  and  superior  to  other  invest- 
ments which  are  now  regarded  as  in  the 
lead,  such  as  real  estate  mortgages,  for 
example." 

W.  C.  McAfee,  of  McAfee,  Baldwin  & 
Hammond,  10  Montgomery  street:  "Con- 
cerning the  bonds  issued  under  the  pro- 
visions of  the  Wright  bill,  I  can  only  say 
on  general  principles  that  I  believe  in 
irrigation  for  this  State,  and  1  know  that 
water  greatly  enhances  the  value  of  the 
land  on  which  it  is  brought.  It  this  land 
is  the  security  of  the  bonds  by  means  of 
which  the  water  is  obtained,  then  the  se- 
curity must  be  ample  and  the  bonds  must 
be  good.  But  this  is  a  legal  matter  and 
one  for  the  courts  to  determine,  I  under- 
stand, however,  that  the  matter  has  beou 
tested  several  times  in  the  Supreme  Court, 
and  that  in  every  instance  the  irrigation- 
ists  have  won  and  the  bonds  are  pro- 
nounced valid.  This  seems  to  put  the 
bonds  above  question  as  a  desirable  in- 
vestment." 

G.  H.  Umbsen,  14  Montgomery  street: 
"I  have  looked  into  the  matter  as  to  the 
validity  of  tne  bonds  issued  by  sonic  of 
the  irrigation  districts  and  feel  confident 
the  bonds  are  leg.tl,  solid  and  are  amply 
secured.  They  are  a  new  thing,  however, 
and  the  public  and  the  capitalists  have 
to  be  educated  a  little  in  regard  to  them 
and  in  regard  to  the  importance  and  valid- 
idity  of  the  Wright  law  under  which  they 
are  issued.  I  believe  them  to  be  as  sound 
as  Government  bonds  and  that  before  long 
they  will  rank  on  a  par  with  them  and  be 
more  sought  after  because  they  pay  a 
higher  rate  of  interest," 

William  H.  Bovec,  of  Bovee,  Toy  & 
Co.,  19   Montgomery   street/  "I   am  glad 
the  San  Francisco  Chamber  of  Commerce, 
by  their  committee,   recently   placed  ^he 
stamp  of  their   approval  and  confidence 
'  on  the  bonds  issued  by   the  irrigation  dis- 
«  tricts.      I    believe    that    men    who   have 
money  to  loan   and   who   want  a  safe  in- 
vestment can  do  no   better   than   to  pur- 
chase   the    bonds.     The    security,  to  my 
mind,   is   unquestionable.     I    do   not  see 
!  where  there  can    possibly   be  a   failure  as 


to  the  payment  of  the   bond-,  both   priu 
cipal  and  interest." 

J.  3.  O'Farrell  of  O'Farrell  &  Lang, 
11   Montgomery    street:     "You    ask    me 
What   I   think  of  the   bonds  issued  under 
the   Wright  Irrigation    act.      I    consider 
them   as  good,  so  far  as  being  secured  is 
concerned,  as  are   United   Staves  Govern- 
ment  bonds.     'Why?'      Because    the  ir- 
rigation bonds  are  secured  by  the  land  on 
which  they  are  issued,  and   because  they 
bear  0  per  cent   interest,  which   is  higher 
than   the  interest  paid    by    Government 
bonds.    If  a  district  is  organized  accord- 
ing to  the  provisions  of  the  Wright  bill,  ! 
if  the  bonds  are  issued  legally,  if  the  land 
is  such  that  it  can  be  irrigated  and  will  in-  | 
crease  in  productiveness    thereby,  1    can  ; 
see  no  reason  on  earth  for  doubting  the  { 
worth  or  the  security  of  the  bonds." 

Cyrus  F.  Lathrop  of  the  N.  C.  Car- 
nail  Company:  "For  three  years  1  was 
actively  connected  with  irrigating  enter- 
prises, and  became  thoroughly  convinced 
ns  to  the  legality  and  practicability  of  the 
Wright  Irrigation  law,  and  the  security 
ot  the  bonds  issued  under  its  provisions. 
I  consider  the  bonds  a  perfectly  safe  in- 
vestment, as  they  are  secured  by  the  lands 
on  which  they  area  first  lien,  and  a-i  this 
land  constantly  increases  in  value.  I  have 
no  hesitancy  in  expressing  my  utmost  . 
confidence  in  the  bonds,  and  think  there  is  ' 
no  doubt  but  that  the  districts  against  ; 
which  the  bonds  are  held  will  be  able 
to  pay  the  principal  and  interest  in  full 
without  delay  or  difficulty." 

S.  P.  Middleton,  22  Montgomery 
street:  "As  I  understand  these  bonds 
they  are  secured  by  land  worth  as  much 
as,  and,  in  many  cases,  much  more  than 
the  bonds.  There  can  be  no  question 
as  to  the  value  of  California  land,  and  if 
this  land  lies  so  that  it  can-  be  irrigated, 
and  if  an  abundance  of  water  can  be  ob- 
tained for  irrigation  purposes,  then  it» 
value  ought  to  be  greater  than  that  of  any  j 
other  farming  land  in  America.  That  ; 
seems  to  mo  to  be  a  simple  argument,  and  . 
yet  it  proves  conclusively  that  irrigation  ' 
bonds,  legally  issued,  secured  as  they  are 
by  a  tirat  lien  on  land,  are  as  safe  an  in- 
vestment as  can  be  found  in  America.  I 
regard  them  as  secure  an  investment  as 
that  oftored  by  any  class  of  bonds  that 
can  be  named.  Our  San  Francisco  cap- 
italists are  but  just  beginning  to  realize 
their  value." 

\V.  E.  Fisher  of  Tevis  &  Fisher,   No. 
14  Post  street:  "There  is  no  question  in 
my  mind  as  to  the  worth  of  bonds  issued 
by   the  irrigation   districts  of  the   State. 
We  own  land  in  the  San  JoftQuin  plains 
that  with  plenty  of  rainfall  Will  raise  an 
abundant  crop;  what  we  want  is  a  surety 
of  abundant   moisture,  and   that  is  only 
secured   by  irrigation.     As  a  consequence  , 
we  are  heartily  in  i'avor  of  the  method  of  '. 
irrigation   to  be  secured  by  the  provisions  1 
of  the  Wright  bill.    That  bill  has  been  ; 
pronounced  constitutional  by  the  highest  j 
courts  in  the  State.  The  bonds  issued  under  ; 
the  bill  are  secured  by  a  first  lien  oil  the  ' 
land,  which  means  that  the   bonds  a^e  to  j 
be  preferred  to  a  first  mortgage  even.     As 
the  land  in  California  which  is  suscept- 
ible to    irrigation   is  ail  valuable   and  is 
rendered  twice  as  valuable  by  irrigation, 
1  do  not  see  how  there  can  be  any  doubt 
but  the  bonds  are  well  secured  and  as  safe 


investments  as  can  be  found  in  the  State."  i  uonds  cio  not  present  a  lirst-class  oppor- 


Henry  Stern  of  Stern  &  Carr,  323 
Montgomery  street:  "As  I  understand 
;  it,  the  Wright  bill  provides  for  irrigating 
I  land  by  the  issuance  of  bonds,  which  are 
secured  by  a  first  iien  on  the  land.  The 
sale  of  these  bonds  provides  the  means 
for  the  completion  of  an  irrigating  sys- 
tem. As  the  courts  have  decided  in  sev- 
eral cases  that  the  Wright  bill  is  legal, 
then  if  the  bonds  are  issued  properly  and 
the  land  is  at  all  valuable,  1  see  no  reason 
why  the  bonds  are  not  amply  secured  and 
why  they  should  nor.  be  regarded  as  an 
excellent  investment." 

\V.  W.  Boughton,  treasurer  of  the  A. 
R.  Briggs  Company:  "So  tar  as  we  un- 
derstand it.  the  proposition  of  selling 
bonds  issued  by  the  irrigation  districts  is  a 
good  one.  In  the  first  place  the  bonds  are 
well  secured  and  are  sold  on  a  good  busi- 
ness basis.  In  the  next  place  there  aro 
thousands  of  acres  of  land  in  this  State 
that  would  double  in  value  the  minute 
water  is  obtained  for  irrigating  purposes. 
This,  of  course,  adds  to  the  worth  of  the 
securities  of  the  bonds.  Irrigation  bonds 
I  can  be  examined  as  to  their  legality  by 
competent  lawyers  just  as  other  bonds  are 
examined  and  passed  upon,  and  when  the 
issuance  of  the  bonds  has  been  determined 
legal,  and  when  the  bonds  are  less  in 
amount  than  the  value  of  the  land,  then  I 
can  see  no  reason  in  the  world  why  the 
bonds  ought  not  to  come  into  great  de- 
mand with  capitalists." 

M.  J.  Burlce  of  Madison  &  Burke,  402 
Montgomery  btreoc:  "  I  am  ;i  lirm  believer 
in  the  ultimate  great  prosperity  and  wealth 


tunity  for  investment." 


MEN. 

Irrigation    Bonds    Highly    Favored    by 
Tliism. 

Following  nra  the  opinions  of  many  of 
the  leading  fire  and  life  insurance  agents, 
it  is  a  large  share  of  the  business  of  these 
gentlemen  to  examine  carefully  the  merits 
of  various  business  propositions  and  to 
pass  favorably  or  otherwise  upon  them. 
Many  of  these  agents  have  examined  the 
bonds  of  some  of  the  irrigation  districts, 
and  the  more  they  look  into  the  manner 
ot  the  issuance  of  these  bonds  and  the 
worth  ot  their  securities  the  more  do  they 
become  convinced  that  the  opportunities 
thus  offered  for  investments  are  excep- 
tionally good. 

George  C.  Boardman,  general  agent. 
?  of  yEina   Fire   Jnsurance   Company:      "i 
i  have  not  given  the  matter  of  these  irriga- 
I  tion    bonds    the    thorough    examination 
that    some    have,    but  I   understand  our 
highest  courts  have  passed  judgment  in 
their    favor    and    that   the   bonda  rest  on 
a  legal  ground.     Taking  that  fact  into  con- 
sideration, together  with  the  fact  that  the 
bonds  are  secured  by  a  lirst    hen    on    the 
land,  which   with  irrigation  and  cultiva- 
tion  is  constantly  becoming  more  valua- 
ble, I  do  not  see   what  more  is  needed  to 
make  the  security  good  and  the  bonds  a 
favorite  with  investors." 

D.  J.  Staples,  president  of  the  Fire- 
man's Fund  insurance  Company:  "No 


of  this  State  as  accomplished  by  irriga-  \  man  need  tell  me  anything  as  to  the  value 
tion,  and  1  believe  the  Wright  biU,  as  H-  ot  irrigation  for  California.  I  have  been 
lustrated  and  exemplified  by  the  many  (  here  many  years  and  have  seen  what  was 


districts  organized  under  its  provisions 
will  be,  and  is,  a  great  lactor  in  accom- 
plishing this  result.  1  have  made  quite  a 
thorough  study  of  the  bonds  issued  under 
the  Wright  law,  and  I  believe  they  are 
well  secured  and  offer  great  inducements 
tor  the  investment  of  large  amounts  of 
capital." 

F.  M.  Pickering,  secretary  of  How- 
ard and  Wilson  Colony  Company :  "Prob- 
ably no  one  is  a  stronger*  advocate  of 
irrigation  than  myself.  The  land  where 
our  colony  is  situated  would  be  of  little 
value  without  it.  But  with  water  the 
surne  land  has  proved  to  be  of  great  ier- 
tility.  As  to  irrigation  districts  formed 
under  the  Wright  law,  if  these  districts 
are  wisely  and  legally  organized  they  are 
undoubtedly  desirable  institutions.  Some 


thought  would  always  remain  a  desert  be- 
come'a  productive  plain  solely  through  ir- 
rigation. One  of  the  best  means  of  ob- 
taining water  for  irrigating  purposes  is  by 
the  provisions  of  the  Wright  bill,  wiricn 
enables  small  and  large  farmers  to  obtain 
water  at  equal  rates  and  at  prori table,  cost. 
The  bomls  issued  by  irrigation  districts 
are  undoubtedly  valid  if  the  terras  of  the 
law  are  complied  with,  and  when  they 
come  into  good  demand  with  capitalist's 
will  be  held  by  many  of  our  leading  iu&ur- 
ence  companies." 

A.  B.  Forbes,  general  agent  of  the  Mu- 
tual Life  Insurance  Company  ot'  New 
York:  "As  to  whether  or  no  irrigation 
bonds  are  good,  it  depends  on  certain  condi- 
tions being  fulfilled.  In  the  first  place 
the  land  must  be  situated  in  a  portion  of 


that  I  kngvv  of  are  worthy  of  all  cou-  j  the  State  where  irrigation  is  needed  and 
fidence.  But  judgment  "must  be  exercis-d  I  Where  the  lay  of  the  land  permits  water 
in  their  formation.  They  must  not  be  j  to  be  run  over  it.  In  the  second  place  the 
too  large,  the  cost  of  the  irrigation  system  land  must  be  of  such  a  nature  that  irriga- 
i  adopted  must  not  be  too  great:  in  facr.  the  |  tion  benents  the  lund  and  produces  better 
-----  ~  ,.>,-.,-,{^i^.  ~t  ,-.„,  ,*.•„,-,  -V.,r<  tt.-?«riATn  *  and  larger  crops  than  could  be  produced  ; 

without  it.  Then  again,  the  bonds  must  ! 
be  issued  legally  and  in  accordance  with 
certain  well-defined  provisions,  as  laid 
!  I  down  in  the  Wright  bill.  These  condi- 
tions being  fultilled,  I  see  no  reason  but 
that  the  bonds  are  Well  secured  and  will 
meet  with  n  ready  sale." 

James  Mtmsell  Jr.,  general  agent  of  , 
the  Mutual  Benefit   Life  Insurance   Com- 
pany of  New  Jersey  :     "Every  State    has 
to   legislate  for  itself.     Our  Log- 


same   principle?   of  caution    and   wisdom 

enter  into  the  formation  of  thesetrrigating 

districts    as    into    all  other  corporations." 

M.  J.   Mortens  of  Joosr,   Mertens  & 

Co. :     "I  think  irrigation  bonds  a  good  in 

vestment.     The   law  states    very    plainly 

what  steps  are   to  be    taken    in    order  to 

mate  the  formation  of  the   district   legal, 

i  and  in  order  to  make  the  issuance  of  the 

!  bonds  valid.     If  these  steps  are  taken  just 

1  as  the  law  directs,   and  if  the  land   is   of 

such  a  character  as  to  be  benefited  by  irri- 


*16 


......  ~. 

enacted    the    Wright    Irrigation 


law,  and  this  law,  enacted  as  it  was,  has 
\  stood  and  will  stand  all  legal  tests.     This 
act  makes    the    bonds  issued    under  it  a 
1  first  lien  on  the  property  of   tue  district. 
This  makes    the    bonds    secure  as  a  first- 
lass  business  investment." 

Butler  Burris,  cashier  of  Manhattan 
Lile  insurance  Company:  "I  consider 
irrigation  bonds  to  be  a  good  investment. 
What  this  State  needs  most  of  all  is  water, 
and  tanners  and  iruit-grower*  ara  Aviliing 
•  to  pay  for  it,  and  offer  their  land  as  secu- 
rity for  the  money  that  pays  for  the 
water.  I  do  not  see  any  objection  that 
can  possibly  be  urged  against  the  bonds  if 
they  are  legally  issued,  and  the  land  is 
good  on  which  the  water  is  brought." 

E.  A.  Waltz,  manager  of   the  Equit- 
able Life  Insurance  Company:  "My  busi- 
ness takes  me    all    over  the  State,  and  1 
know    the    value    of  irrigation    and    the 
worth  of  irrigation  bonds.     Land  without 
water  may  be  hlniost  worthless,   but  that 
same  land  irrigated  may  be  worth  a  great 
deal,    and    offers    good    security  for    the 
bonds,  the  sale  of  which  enables  the  own- 
ers of  the  land  to  cultivate   it   and  raise 
profitable  crops." 

Charles  J>.  Haven,  recording  secre- 
tary of  Liverpool  and  London  and  (Hobo 
Insurance  Company :  "The  security  of  irri- 
gation bonds  depends  on  whether  the 
Wright  act  is  constitutional,  whether 
there  is  a  sufficiency  of  water  to  irrigate 
the  land  of  the  district  on  which  the  bonds 
are  issued,  and  whether  the  price  of  the 
water  is  so  low  that  farmers  can  afford  to 
use  it.  These  conditions  being  favorable 
the  bonds  are  well  secured  and  ought  to 
be  a  good  investment." 

F.  lu  Olmstcad,  cashier  of  Southern 
California  Insurance  Company:   "I  know 
from  personal  observation  what  irrigation 
has  done  for  this  State,    and    also  how 
profitable  any  scheme  can   be  which  en- 
ables water  to  be  brought  on  to  land  which 


without  it  is  unproductive.  Irrigation 
bonds  ought  to  be  as  secure  an  investment 
as  can  be  found  in  California." 

H.   K.    Belden   of  Hartford  Fire  In- 
surance  Company:  "  I  am  a  thorough  be- 
liever in  the  merits  of  irrigation  for  Cali- 
fornia, and  am  also  firmly  convinced  as  to 
the  value  and  security  of  irrigation  bonds. 
Land  worth  $25  an  acre  without  irrigation 
is  worth  from  $60  to  $100  an  acre  as"  soon 
as  water  is  placed  noon  it.    This  land  is  ; 
the   security    ior    the     bonds,     and   the  ; 
security,  to'my  mind,  is  ample." 

John  Scott  Wilson  of  the  insurance 
firm  of  Mann  &  Wilson :  "  1  believe  in  the  ' 
security  furnished  by  irrigation  bonds.  ; 
For  example:  Here  is  a  tract  of  land  com- 
prising 150,000  acres.  It  lacks  irrigation 
facilities,  and  yet,  without  water  it  is  as- 
sessed now  at  $2,500,000.  It  raises  crops 
of  cereals,  but  if  it  could  be  irrigated  it 
could  raise  much  more  valuable  products. 
It  will  cost  $750,000  to  bring  water  onto 
this  land,  and  this  amount,  ^750,000,  is 
raised  by  forming  an  irrigation  district 
and  issuing  bonds  for  that  amount,  and 
the  bonds  are  a  first  lien  on  the  land, 
which  increases  in  value  as  soon  as  irri- 
gated. In  other  words,  $2,500,000  worth  of 
land  is  security  for  $750,000  worth  of  bonds. 
That  ought  to'be  ampio  security." 

THS    CHAMBI2K    OF    COMMERCE!. 

A     Hearty     Indorsement    of    Irrigation 
Districts  and   Bonds. 

A  movement  looking  to  the  advance- 
ment of  public  interest  in  the  irrigation 
districts  of  the  State  was  inaugurated  in 
April  at  a  meeting  of  representatives  of 
the  various  organizations  under  the 
Wright  law.  At  that  meeting  some 
(twenty  of  the  most  active  districts  were 
i  represented,  and  after  discussion  a  com- 
imitteowas  appointed  to  confer  with  the 


Chamber  ot  uommerce  on  the  subject. 

The  Chamber  of  Commerce  appointed  a 
special  committee  on  the  subject,  and  to 
that  body  the  irrigationists  presented  a 
statement  containing  a  i'uil  exposition  of 
the  subject,  the  basis  and  yalue  of  the 
bonds,  etc. 

After  due  consideration  of  the  innttor 
the  committee  from  the  Chamber  of  Com- 
merce, consisting  of  Isidor  Jacobs,  W.  T. 
Y.  Schenck,  Joun  F.  Kennedy,  S.  IT.  Hil- 
born  and  W.  L.  Merry,  rendered  the  fol- 
fowing  strong  report  in  favor  of  irrigation  ' 
bonds: 

"  Your  committee  respectfully  re- 
port that  nt  the  conference  held  on  the 
22d  inst.  with  the  delegation  above  named  ; 
the  question  of  the  value  and  sale  of  irri- 
cction  district  bonds  issued  under  the 
Wright  law  was  fully  discussed,  with  the 
following  general  result:  .  . 

"  Your  committee  is  iully  satisfied  and  ; 
convinced  that,  with  the  proper  and  cus-  \ 
tomary  examination   by   the  investor  or  |. 
party  representing  him  of  the  ^rior  com-  I 
phancewith  nil  the  conditions  required  bv  ( 
law,  and  ul*o  of  the  oharncier  o!  the  land-]; 
Which  it  is  propose.!  to  b'»nd  and  the  sup- 
ply ot'  water  available,  irrigation  bonds  is-  ' 
sued  under  the   Wright  law  are   as  good  t- 
•<ecnrity  ;;nd  as  snfe  an  investment  as  an> 
bonds  "issued   under   statutes.     With  thidv 
decision   as   a  conclusion    wo  respectfully 
recommend  the  .adoption  by  the  honorable 
hoard  of  trustees  oi  thy  following  resolu-  ' 
tion: 

Resolved,  That  the  trustee,?  of  the  Chamber  of  ( 
Commerce  of  San  Francisco,  sifter  careiul  in- 
vestigation of  the  conditions  connected  there- 
with." are  of  the  opinion  that  bonds  issued  by 
irrigation  districts  in   ihe  State  of   California! 
under  the  Wright  irrigation  law  are  u  safe  in- 
vestment and  excellent  security  to  investors, ' 
providing  the  two  following  conditions  prece- 
:  dent  are  complied  witb: 

First— A  careful  investigation  ns  to  the  com- 
pliance with  the  requirements  of  the  law  prior 
to  the  issua  of  said  bonds. 

Second — An  examination  of  the  character  ol 
;  the  lands  on  which  it  is  proposed  to  issue  said 
'  bonds  arid  the  facility  for  obtaining  a  water 
supply. 

'•  With  these  qualifications,  which 
should  control  all  investments  with  real , 
estate  security,  we  can  confidently  recom- 
mend these  bonds  to  capitalists  as  worthy 
of  their  confidence,  both  principal  and  in- 
terest being  as  secure  as  any  investment 
can  be  made  by  legal  enactment  and  in- 
trinsic merit." 

TURLOCK  'DISTRICT. 


THE    FIRST    ORGANIZED   UNDER 
THE  WRIGHT  LAW. 


A  Large  Amount  of   Work  Done  in 

the  Construction  of  Dams 

and  Canals. 


The  Turlock  district  enjoys  th<s  proud 
distinction  of  having  been  the  first  one 
organized  under  the  provisions  of  the 
Wright  act.  It  has  had  to  bear  the  brunt 
oi  all  the  experimental  work  incidental 


to  an  untried  s>>  vast  inter- 

ests, but  has  beer)  successful  in  every 
move,  and  to-day  occupies  a  position  that 
could  scarcely  be  improved  upon. 

The  petition  for  the  organization  of  the 
Turlock  district  was  presented  to  the 
Board  of  Supervisors  on  April  11,  1887, 
the  same  embracing  about  30,000  acres  of 
land  in  Merced  county.  The  total  area  of 
the  district  is  about"  170,210  acres,  the 
greater  portion  being  in  Stanislaus  county. 
The  Supervisors  considered  the  petition 
from  April  11,  1SS7,  to  April  28,  1887.  No 
opposition  worthy  of  note  was  made,  ex- 
cept as  to  particular  boundaries,  there- 
fore the  petition  was  granted  and  an 
election  was  ordered  April  23,  1887,  with 
the  slight  changes  necessary  in  the  pro- 
posed boundaries.  The  election  was  or- 
dered to  be  held  on  April  28,  1887,  and  the 
district  was  organized  by  the  Board  of 
Supervisors  pursuant  to  the  election  on 
June  16.  1887.  The  directors  elected  were: 
E.  V.  Cogswell,  11.  M.  Williams,  E.  B. 
Clark,  W.  L.  Fulwortn  and  J.  P.  Dunn. 

The  first  meeting  was  held  and  organ- 
ization effected  on  Juno  5,  1887,  and  E.  B. 
Clark  was  elected  president,  E.  M.  Will- 
iams secretary  and  C.  N.  Whitmore  treas- 
urer. The  only  action  taken  was  the 
selection  of  officers  and  some  routine  bus- 
iness transacted.  Preliminary  plans  and 
estimates  were  ordered  on  June  15,  1887, 
and  were  completed  and  adopted  Septem- 
ber 15,  1887,  George  E.  Manuel  being  the 
civil  engineer  who  made  the  same. 

The  area  of  the  Turlock  district  in 
nearly  177,000  acres.  Tho  capacity  of  the 
proposed  canal  is  1500  cubic  feet  per  sec- 
ond, This  will  give  one  cubic  foot  to 
each  118  acres  for  the  whole  district.  A 
comparison  with  other  places  where 
water  is  used  and  sold  will  show  that 
these  figures  are  more  than  ample.  The 
Fresno  Canal  and  Irrigation  Company' 
sells  water  rights  of  one  cubic  foot  each 
for  160  acres.  This  same  proportion  5s  fol- 
lowed by  the  Crocker-Huffman  canal  at 
Merced,  the  "7(5"  canal,  the  Kings  river 
and  Fresno  canal,  and  in  fact  all  canals  in 
Fresno.  Tulare  and  Merced  counties  who 
make  a  business  of  selling  water.  In  Log 
Angeles  and  San  Bernardino  counties 
greater  economy  is  practiced.  The  aver- 
age duty  ol  a  cubic  foot  of  water  in  these 
counties  as  given  by  the  State  Engineer's 
report  is  300  acres.  At  Pasadena  it  reaches 
1656  acres.  In  parts  of  Spain  £00  to  400 
acres.  In  Algiers  425  acres.  In  Italy 
somewhat  less.  In  Italy  and  some  of  the 
old  irrigated  countries,  whose  works  date 
back  for  centuries,  it  is  found  that  on  an, 
average  only  from  one-half  to  two-thirds 
of  the  land*  under  the  canals  and  suscep- 
tible of  irrigation  from  them  is  actually 
irrigated  from  them. 

From  this  it  seems  that  an  allowance  of 
one  cubic  foot  for  each  118  acres  over  the 
whole  district  is  ample.  The  question 
may  then  be  asked,  wby  build  the  canal 
so  large?  The  canal  was  designed  of  this 
size  for  the  following  reasons:  First,  the 
country  has  never  been  irrigated  and  will 
take  a  large  aiMount  of  wrater  at  first;  sec- 
ond, the  quantity  of  the  water  in  the  river 
is  more  than  ample  at  certain  seasons  and 
no  one  is  injured  by  its  diversion;  third, 
the  expense  per  acre  is  not  so  great  but 
what  it  can  be  borne  with  ease;  fourth. 


part  of  the  district  13  very  sandy ;  fifth,  we 
wish  all  satisfied  and  prefer  to  have  too 
much  rather  than  top  lltile. 

The  following  gauging  of  the  Tuolumne 
river,  the  source  of  supply  for  the  district, 
are  taken  from  the  State  Engineer's  report 
and  will  show  what  an  amount  of  water  is 
available:  "This  is  a  river  ot  the  first 
class,  having  a  large,  high  mountain 
drainage  basin.  The  gaugings  were 
made  ~  at  a  station  near  the  rail- 
road bridge  south  of  Modesto.  A 
scale  *of  discharge  at  different  stages  was 
drawn  up.  A  rod  record  was  kept  from 
i»79  to  1882  inclusive,  and  occasional  ob- 
servations made  since  the  last  date.  From 
these  data  as  a  basis  with  estimates  of  fiow 
per  square  mile  of  drainage  aren  as  hereto- 
fore explained  the  results  of  the  table  are 
presented  as  sufficiently  exact  for  ail  pur- 
poses of  a  general  water  supply  discussion. 


November. 
December. . 
January.... 
February... 

March 

April 

May 

June 

July 

August 

September.. 
October..  .. 


65 

65 

478 

1,876 

•j,7:i7 

4.456 


7,061 

1.07/ 

188 

39 

30 


101 


%8  1,095 

409  2,884 
625  6,755 


714 


5,086  10,871 


14,070 
7,61  s 
1.238 
184 

56 


35 


7,274 
5,223 

l,99t 
391 
iLv, 
130 


193 
620 
620 

573 


2,879  2,164 
t},260  3.54S 


7,461 


574 

225 
873 


620 
654 

490 


3,180 


s,04h  9,540 


327 

262 


327  215 
327  556 
410  841 

490  1,801 


1,310  7,540  2,754 
3,270 


7,860 


490  1,635 


5,838 


7,360  7,622 
3,180  H.188' 
5,540  3,751 
751 


196 
266 


These  gaugings  include  the  contribu- 
tions of  Dry  creek,  a  tributary  entering 
the  river  just  above  the  point  of  observa- 
tion. This  only  runs  water  in  the  rainy 
season.  The  How  of  several  mining  ditchei, 
taken  from  the  river  in  the  mountains 
above  has  not  been  taken  into  considera- 
tion. For  very  low  periods  this  would , 
materially  affect  the  results.  Some  of 
this  water  finds  its  way  back  ii.to  the 
river. 

From  these  figures  it  will  be  seen  that 
the  supply  of  water  is  more  than  sufficient 
during  the  spring  and  summer  months, 
when  irrigation  is  most  ncedo  j.  Should 
more  water  be  dosired  during  the  autumn 
months  it  can  be  supplied  by  reservoirs 
ia  the  mountains.  Daring  this  season  of 
i  the  year  very  little  irrigation  is  done,  and 
so  the  demand  will  not  be  great.  The  en- 
gineer stared  that  he  was  informed  that 
there  nre  several  lakes  and  natural  reser- 
voirs in  the  mountains  that  can  be  mada 
available  at  slight  expense. 

The  engineer's  estimate  of  cost,  as  ren- 
dered, was  $467,544(52,  and  his  preliminary 
plans  were  adopted  September  16,  1887. 
An  election  for  bonds  was  orderdeu  oil 
September  16,  1887,  the  value  of  the  bonds 
proposed  to  be  issued  being  $600,000.  The 
election  was  held  October  8,  1887.  The 
number  ot  votes  cast  by  sub-districts  for 
and  against  was  as  follows: 

Aye.    No. 

District  No.  1 "17       0 

District  No.  Ji 36       2 

District  No.  3 47       5 

District  No.  4 70       4 

District  No.  5 0       1 

Total 176     12 

1     Thereupon  the  bonds  were  ordered  is- 


sued and  there  was  no  opposition  thereto. 
Bonds  to  the  full  amount  were  issued  Oc- 
tober 10,  1887,  and  were  advertised  No- 
vember 7,  1887.  To  date  (June  5)  $422,500 
worth  of  bonds  have  been  sold,  a  large 
amount  going  to  residents  in  the  district. 

Final  plans  and  estimates  of  work  were 
ordered  duriner  October,  1889,  George  Man- 
uel, C.  E.,  offering  to  make  them  at  a 
stated  salary,  and  the  work  was  assigned 
to  him.  The  plans  and  estimates  were 
made  at  a  cost  of  about  $2000,  the  same 
being  presented  and  accepted  during  De- 
cember, 1889. 

Contracts  were  advertised  for  the  con- 
struction of  about  five  miles  ot  the  upper 
works  and  bids  were  received  on  January 
7,  1890.  The  remainder  of  the  canal  has 
been  cross-sectioned  and  specifications 
prepared.  The  construction  was  com- 
menced on  February  10,  1800,  by  Con- 
tractor Grey  under  the  contract  system. 
The  financial  status  of  the  district  is 
good,  and  money  received  from  the  sale 
of  bonds  has  been  $279,000  and  irom  taxes 
$3r  537,  and  the  amount  of  money  ex- 
pended was  $33,000  for  salary  of  officers 
and  general  expenses,  attorneys'  fees, 
right  of  way,  etc. 

The  assessments  levied  are  as  follows: 
In  1888  42X  cents  on  $100  and  in  1889  70 
cents  on  $100.  These  amounts  were  levied 
on  September  18,  18b8,  and  on  October  15, 
1889.  The  amount  collected  was  $32,000, 
with  very  little  opposition. 

The  lawsuits  in  connection  with  this 
district  were  one  to  determine  the  consti- 
tutionality of  the  law  and  two  suits  for 
condemnation  of  right  of  way,  the  na- 
ture of  the  suits  being  as  follows : 

Turlock  Irrigation  District  vs.  Williams, 
mandamus. 

Turlock  Irrigation  District  vs.  Wheaton. 

The  termination  of  each  was  favorable 
to  the  district.  In  the  suit  of  Turlock  lr- 
Cigation  District  vs.  Williams,  commenced 
Kovember  17,  1887,  judgment  was  ren- 
dered May  31,  1888.  The  two  suits,  con- 
demnation and  right  of  way,  Turlock  Ir- 
rigation District  vs.  Wheaton,  were  com- 
menced February  21,  1890.  Attorneys  for 
the  district  were  P.  J.  Hazen,  Hatton  & 
Fulkerth.  For  the  plaintiff,  W.  P.  Bag- 
gatt,  A.  L.  Hart,  W.  L.  Dudley,  and  Lout- 
tit,  Woods  &  Levinsky.  The  present  offi- 
cers of  the  district  are :  President,  E.  D. 
Cogswell,  Modesto;  secretary,  E.  M.  Will- 
iams; treasurer,  C.  M.  Whitmore;  at- 
torney, P.  J.  Hazen,  Modesto;  engineer, 
E.  H.  Barton,  La,  Grange.  The  office  of 
the  board  is  at  Tnrlock. 

It  is  proposed  to  complete  the  canal  and 
works  with  all  possible  expedition.  The 
area  as  finally  estimated  is  176,110  acres, 
about  30,000  being  in  Merced  county. 

The  work  on  the  main  canal  was  started 
in  March,  1890.  About  eighteen  miles 
have  been  completed,  with  the  exception 
of  flumes  and  waste  gates.  One-halt  mile 
at  the  upper  end  remains  to  be  built  to 
complete  the  main  canal.  There  will  be 
nine  drops  in  the  main  canal,  eight  of 
which  have  been  completed.  The  drops 
vary  in  height  from  three  and  a  half  to 
eleven  feet.  There  will  be  four  tunnels  in 
the  main  canal  when  finished,  of  an  ag- 
gregate length  of  1500  feet.  Three  have 
been  completed.  One  of  500  feet  remains 
yet  to  be  constructed.  The  width  of  the 


mam  canal  raries  from  twenty  to  forty 
leet  and  the  depth  of  water  will  be  seven 
In  building  this  canal  the  following 

nt  material  was  encountered: 

Bandy  loam,  adobe,  hard  pan,  soft  sand- 
stone, slate  and  a  kind  of  basaltic  rock 
generally  called  diorite  or  green  stone. 

To  show  the  magnitude  of  this  under- 
taking we  publish  in  detail  the  following 


facts    and    figures, 
Eugene  H.  Barton, 


kindly    furnished   by 
chief  engineer  of  the 


Turlock  canal  and  La  Grange    dam.    The 
work  of  the  main  canal  was  divided  into 


two  section, 
lows: 


engineer  ot  the  district,  great  credit  is 
due.  At  one  time  during  the  construction 
of  this  canal  500  men  were  employed. 
During  the  greater  portion  of  the  time  ol 
construction  260  men  and  260  teams  were 
employed. 

At  the  end  of  the  main  canal  five  lateral 
canals  will  be  built,  distributing  water 
throughout  the  entire  district.  Smaller 
canals  will  be  built  from  the  lateral  canals 
to  deliver  water  to  each  section.  Three 
hundred  thousand  dollars  have  already 


and   taa   ,ub»ctioaS  «  lol- 


mole 

will      be     needed       to      complete      the 

Section  1,  main  canal—Sub-  section  1  was  canal  system,  and  with  incidental  ex 
composed  entirely  of  slate  and  was  very 
expensive  to  cut,  costing  $5  35  per  run- 
ning foot,  requiring  also  retaining  riprap 
and  puddle  walls;  total  cost,  $21,490  25. 
Subsection  2  was  a  thorough  cut  through 
cemented  gravel,  clay  and  hardpan,  con- 
taining 90,000  cubic  yards;  extreme  depth, 
56  leet;  total  cost,  $25,383  33,  Sub-section 
3—  Thorough  cut  through  cemented  gravel, 
hardpan,  sandy  soil  and  basal  .Is  rock;  ex- 
treme depth,  27  feet;  total  cost-.  $14,851  11. 
Subjection  4—  Scraper  work;  sandy  loam, 
containing  53,  000  yards  ;  total  cost,  $8762  48. 
Sub-section  5—  Tunnels  1,  2  and|3,  as  shown 
in  illustration  ;  total  length,  1000  feet,  con- 
taining 9560  yards,  the  approaches  to  tne 
tunnels  containing  8000  yards;  total  cost, 
$14.218  98. 


penses,  buying  rights  of  way  and  cost  of 
dam  will  bring  the  cost  of  the  entire  sys- 
tem up  to  $1,100,000.  The  entire  system 
will  be  completed  and  in  operation  in  one 
arid  a  halt  years.  A  weir  dam  will  be  con- 
structed across  the  Tuolumne  river  near 
^a  Grange  at  a  point  about  1450  feet  below 
;he  boundary  line  between  Stanislaus  and 
Tuolumne  counties.  The  dam  is  to  be 
surved  in  form  and  of  rubble  masonry 
and  concrete.  It  will  be  105  feet  high  20 
eet  wide  and  320  feet  long  at  the  crest  and 
X)  feet  wide  and  60  feet  Jong  at  the  base 
:omaining  about  32,000  cubic  yards  ot 
nibble  masonry.  This  dam  will  be  built 
>y  and  for  the  joint  use  of  the  Turlock  ir- 
•igation  district  and  the  Modesto  irriga- 
iun  district.  This  will  be  "  "  ' 


Section    2,  Main    canal— Sub-section  1.  weir  dam  in  the  United  States  having  a 
A  thorough  cut  as  shown  in  illustration,  overflow    of  over    160,000   cubic  feet  per 
through  cemented    gravel,    hardpan  and  second  at  extreme  high  flood.    The  plans 

„  rt^  l  T1!^-;.!        s*iit        trrn  a         fab"AY*         j-\ilf         Ktr         *  li  A      f'«  _    Al^i,.    .J ^_    •*!     M***f 


soil.  This  cut  was  taken  out  by  the 
hydraulic  process,  water  having  been 
taken  from  the  La  Grange  ditch  and 
Hydraulic  Mining  Company's  reservoir, 
four  miles  distant,  the  district  construct- 
ing about  7000  feet  of  ditch  and  inverted 
siphons  to  deliver  the  water  at  the  pres- 
sure box,  giving  a  100-ioot  pressure  to  the 


grade  line  of  the  cut. 
structed     with     two 
hundred,     3000      feet 


A  flume  was  con- 
feet  fall  to  the 
long,  to  carry 


material  to  the  waste   ground,   contain- 


ing 242,000  yards;  entire  cost,  $78,55489.    outhern   Pacilic  Railroad.     The  town  of 


Sub-section  2  light  scraper  work,  including 


thorough  cut;  extreme  depth  18  feet,  con-  prospects  of  a  stead v  growth.     Contracts 
*.,-•—   on*™    „.««*     m^.i    _.»    *AA-tm  already   been'laffop  an  $8000  hotel 

nd  a  $3500  church.  Mr.  Hickman  plained  I 
M-    spring   320   acres    of    raisin  grapes,  i 


taining  208,000  yards.  Total  cost,  $44, 
696  94.  Sub-section  3,  light  scraper  work, 
containing  267,854  yards;  total  cost,  $45,- 
259  03.  Sub-section  4,  light  scraper  work 
and  thorough  cut ;  thorough  cut  contained 
70,000  vards  of  hardpan ;  extretne  depth  30 
leet.  The  sub-section  contained  altogether 
218,531  yards;  total  cost,  $18,651  90.  Sub- 
section 5,  scraper  work  and  heavy  cutting, 
containing  172,000  yards,  total  cost,  $14,- 
878  32;  1,282,000  yards  have  thus  far  been 
moved  to  build  main  canal. 

In  passing  over  the  constructed  work, 
as  the  writer  has,  it  is  hard  to  realize  that 
so  much  work  has  been  done  in  fourteen 
months. 

H.  M.  Wilson,  one  of  the  United  States 
geological  engineers,  has  inspected  the 
work  of  this  canal  and  says  that  it  repre- 
sents to  him  the  beat  example  ol  Ameri- 
can irrigation  practice.  He.  therefore,  has 
concluded  to  publish  a  complete  report, 
illustrated,  showing  the  details  and  the 
,  general  plan  of  alignment,  with  thetopog- 
raphy  of  the  entire  plan  and  route.  In 
its  magnitude  and  extent,  and  in  over- 
coming engineering  difficulties,  this  canal 
ranks  first  among  the  irrigation  canals  of 
the  country,  and  to  E.  EL  Barton,  chief 


or  this  dam  were  approved  by  Colonel 
Mendell,  United  States  Government  Engi- 
leer  for  the  Pacific  Coast.  The  structure 
9  estimated  to  cost  $325,000. 
L.  M.  Hickman,  one  of  Stanislaus 
ounty's  wealthiest  landowners,  who  re- 
ides  in  this  district,  and  is  an  enthusi- 
stic  irrigationist,  has  donated  to  the  raii- 
oad  company  a  quarter  section  of  land 
s  a  town  site  at  the  terminus  of  the  main 
anal  of  the  Turlock  ^irrigation  district, 
nd  on  the  Oakdale  extension  of  the 


-lickman  has  been  started  here  with  good 


his 


which  are  doing  finely  and  looking  well. 
This  is  the  pioneer  raisin  vineyard  in 
Stanislaus  county.  The  board  of  direct- 
ors and  officers  of  the  district  are:  E.  V. 
Cosrswell,  president;  R.  M.  Williams,  sec- 
retary; John  W.  Mitchell,  Hubert  Dunn, 
Miller  McPherson.  E.  H.  Barton,  chief 
engineer  of  the  Turlock  canal  and  La 
Grange  dam.  H.  B.  Waters,  clerk  of  the 
;  board!  • 

The  district  had  the  usual  difficulty  in 
obtaining  right  ot  way  for  its  canals  at 
|  anything  like  fair  prices.  It  was  com- 
i  polled  ib  pay  from  $45  to  $60  an  acre  for 
right  of  way,  wnile  to  farmers  who  will  be 
greatly  benefited  by  the  canal  $15  to  $20 
an  acre  would  have  been  ;t  fair  price  for 
this  privilege.  One  farmer  who  is  a  bitter 
anti-irrigationisfc  wanted  $700  an  acre  for 
right  of  way.  The  canal  was  not  built 
through  his  "land. 

The  Modesto  Herald,  always  a  good 
friend  ot  irrigation,  vhus  notes  recent  sales 
of  bonds  by  the  Turlock  district:  The 
landholders  in  the  Turlock  irrigation  dis- 


trict  have  awakened  to  the  fact  that  the 
bonds  of  the  district  are  a  paying  invest- 
ment, and  are  buying  up  the  same.  This 
week  L.  M.  Hickman  and  J.  W.  Mitchell, 
two  of  the  largest  landowners,  purchased 
$25,000  worth  of  bonds  each,  and  E.  V. 
Cogswell,  C.  N.  Whitmore  and  John 
Amos  each  invested  to  the  amount  01 
I  $5000,  and  lesser  amounts  were  taken  by 
many  others.  In  all  $71,500  worth  of 
bonds  were  sold  last  week  to  residents  of 
the  district.  Besides  $15,000  worth  were 
sold  in  San  Francisco,  and  shortly  before 
$5000  worth  were  purchased  by  the  Mo- 
desto Bank.  This  looks  promising,  and 
makes  certain  the  success  ot  irrigation 
under  the  Wright  law. 

Speaking  of  the  TurlocJc  district  the 
Visalia  Times  says:  The  brunt  of  the  fight 
for  the  establishment  of  the  constitution- 
ality of  the  Wright  law  was  borne  by  the 
people  of  the  Turlock  district,  as  it  was 
the  first  distnct  organized  under  the  law 
in  the  State.  Their  bonds  were  the  iirst  of- 
i'ered  for  sale,  and  the  missionary  work 
among  bankers  and  money  lenders  had  to 
be  done  by  the  agents  of  the  Turlock  dis- 
trict. Two  years  ago  $350,000  in  bonds 
were  sold  to  Eastern  and  European 
capitalists,  a  small  amount  being  taken 
b3"  San  Francisco  bankers.  At  that  time 
it  would  have  been  an  easy  matter  to  have 
sold  all  of  the  bonds  voted,  but  the  direc- 
tors did  not  feel  like  issuing  the  bonds  and 
paying  the  interest  on  money  that  was 
not  needed  for  immediate  use.  With  the 
$350,000  in  their  treasury  work  was  begun 
on  the  canal,  and  the  largest  part  of  it  is 
now  completed.  If  the  dam  can  be  built 
this  year  water  will  be  turned  on  the  sand 
plains  of  Turlock  in  time  for  next  year's 
planting,  and  the  people  of  that  locality 
will  reap  their  reward  for  the  hard  fight 
made  in  the  cause  of  irrigation. 

POSO  DISTRICT. 


him,  would  not  exceed  $270,000,  and  alter 
complete  and  careful  examination  of  the 
report  in  all  of  its  details,  the  board  of 
directors  accepted  and  approved  of  said 
report,  and  adopted  the  plans  and  specifi- 
cations. Hence  proceedings  were  had  by 
which  the  actual  issue  of  bonds  was  lim- 
ited to  $300,000. 

The  assessed  value  of  the  lands  in  the 
district,  which  embraces  40,000  acres,  is 
$502,000;  actual  value,  $1,500,000. 

The  population  is  about  200,  and  main- 
tains three  schools,  each  well  attended. 

The  character  of  the  soil  in  this  district 
is  a  rich,  deep,  sandy  loam  of  dark  color, 
and  entirely  free  from  alkali.  It  is 
easily  worked,  and  is  well  adapted  for 
every  variety  of  farming,  especially  that 


SPLENDID  WATER  EIGHTS   AND 
LOW  COST. 


A  Fine  Portion  of  Kern  County  to  Be 

Supplied  With  Abundant 

Water. 


Cut  in  Turlock  Canal  made  by  hydraulic. 

of  fruit  and  grapes;  and  owing  to  the 
freedom  of  this  locality  from  frost  the 
culture  of  the  orange  and  lemon  will  no 
doubt  in  the  near  future  be  one  of  the 
most  important  industries. 

The  richness  of  the  soil  of  these  lands 
can  be  established  from  the  fact  that  the 
uncultivated  portion  is  every  year  covered 
with  a  heavy  growth  of  wild  teed,  and  also 
from  the  fact  that  figs,  apricots,  peaches, 
vines,  etc.,  set  outlast  winter,  have,  with 
the  help  of  the  natural  rainfall  and  slight 
irrigation  from  wells,  made  a  remarkable 
growth  and  are  at  the  present  time  in  a 
thrifty  condition.  When  irrigated  these 
lands'will  equal  the  best  irrigated  lands  of 
India,  which  support  a  population  of  five  ! 
to  the  acre.  ,. 

The  water  supply  for  the  irrigation  of 
I  these  land*  has  been  thoroughly  and 
!  carefully  investigated  by  the  directors  and 


Under    tht     Irrigation     District     law  j 
(Wright  act)  of  March  7,  1887,  the  Poso  ]. 
district  was  organized,  and  its  officers  duly 
elected  in  September,  1888. 

Bonds  to  the  value  of  $500,000  were  sub- 
sequently unanimously  authorized  of  the 
denomination  of  $500  each,  and  to  bear  in- 
terest at  6  per  cent  per  annum,  principal 
and  interest  payable  as  by  law  provided. 

The  report  of  the  engineer,  Mr.  Barber,  ^i 
verified  by  the  consulting  engineer,  ex- 
State  Surveyor-General  Willey,  whose  ex-  j  which"rige  with 
perience  as  consulting   engineer   to   the 
State  engineer  and  familiarity  with 
gating    projects    commands    the    utmost 
confidence,   demonstrated  that  the  total 
cost  of  irrigation  works,  as  planned  for  by 


which  covers 

an  area  of  nearly  468  square  miles  and  is 
found  to  be  sufficient  to  irrigate  10U,uou 
acres,    through    a    system    of   reservoirs, 
which  are  situated   high   enough  to  cover 
all    the    lands    in    the  district.     The  sur-  . 
veys,    plans    and   estimates  of  the  reser-  | 
voirs  and  canals  have  been  completed. 

The  district  has  the  free  and  undisputed 
right  to  the  water  of  Poso  creek. 

The  climate  is  exceedingly  healthy  nna 
entirely    free    fiom    malaria,    owing,    r 


gradual  incline  toward  i 
the  foothills  of  the  Sierra  Nevada. 

The  lands  aro  situated  on   the  east  of  | 
the   Southern   Pacific  Railroad,    between 

city  of  Bakersfield,    the    county  seat    of 


Cutting  Turlock  canal  by  hydraulic.     (From  photograph  by  S.  M.  Wilson.) 


Kern  county.  The  above  railroad  has  a 
depot  at  Poso  contiguous  to  the  dia 
trict  and  which  is  also  the  terminus  of  a 
branch  line  from  Fresno  via  Porterville; 
thus  it  will  be  seen  that  the  district  has 
also  the  advantages  of  a  well-established 
shippius  point. 

Sufficient  has  been  said  to  establish  the 
facts  of  the  present  and  future  prospects 
of  this  district  as  a  grain  and  fruit-grow- 
ing section  and  as  a  place  well  adapted  by 
nature  for  making  beautiful  homes. 

Total  bonded  debt  authorized $500,000  00 

Total  amount  required    270,000  00  , 

Total  acreage  in  district 40,000  00 

Bonded  debt,  per  acre  (allowable).  12  50 
Bonded  debt,  per  acre  (required)..  6  75 
Tax  levy  1890    for   district    pur- 
poses on  $100 1  50 

Average  water  tax,  per  acre,  per 
annum  (approx.).  for  twenty 
years 75 

The  cost  of  water  for  irrigation  in  several  ii 
prominent  districts  in  the  State  compares  ji 
as  follows  with  that  in  the  Poso  district:  ii 


Redlanda  and  San  Bernardino,  snnuai 

rate  per  acre $6  50 

Riverside,  annual  rate  per  acre 10  50 

Alessandro,  annual  rate  per  acre 4  38 

Ferris  district,  annual  rate  per  acre...  .      505, 

Sweetwater,  annual  rate  per  acre 7  OO  | 

Pomona,  annual  rate  per  acre 12  00  ; 

Big  Rock  Creek,  annual  rate  per  acre  . 

Total $46  83 

Average  cost  districts  named 6  09  , 

Poso  irrigation  district r 75  ! 

The  foregoing  comparisons  are  fairly 
and  conservatively  made  and  speak  fo*  ! 
for  themselves,  while  in  addition  to  these 
obvious  advantages  it  is  only  reasonable 
to  state  that  an  incontestible  perpetual 
water  supply,  unexcelled  climatic  con- 
ditions, best  of  soil  and  general  aggrega- 
tion of  advantages  should  satisfy  the  most 
skeptical  that  no  more  substantial  project, 
no  more  flattering  proposition,  can  be  en- 
countered anywhere. 

Emmet  Barber,  chief  engineer  in  charge 
of  the  surveys,  reports  to  the  directors  of 
the  district  as  follows :  In  our  surveys  and 


-Examinations  of  the  section 

east  of  the  district  and  tributary  to  it,  we 

find   a  very   extensive   watershed  for  our 

source  of  supply,  covering  an   area  of  468 

square  mile's,    about  150  square   miles  of 

wliich  are  more  than   3000  feet  elevation 

'  above  sea  level  and  above  the   snow  line,  j 

I  where  a  vast  amount  of  water  is  stored  in 

J  winter  tor  use  in  summer,   when    most 

i  needed,  but  owing  to  the  rapid  fall  of  the 

1  mountain  streams,  from  thirty  to  200  feet 

i  per  mile,  the  water  descends  rapidly  to 

!  the  plains  in  the  early  spring  and  winter, 

and  it  is  not  to  be  had  in  summer  when  ! 

most  needed. 

We  have  located  and  surveyed  five  res-  , 
ervoirs,    four    storage    and    one   supply 
reservoir,  as  follows :  Granite  reservoir  on  I 
sections  29,  30  and  31,  township  29,  range  i 
30,  a  supply  reservoir;  Little  Creek   reser-  ; 
voir  or.    sections  34  and  35,  township  26,  ' 
range  27,  and  sections  1,  2  and  3,  township 
i  27,  range  27;  Poso  Creek  reservoir  on  sec- 
i  tions  25  and  26,  township  27,  range  27,  and 
i  sections  29,  30  and  31,  township  27,  range 
!  28,  on  Poso  creek;   Dyer    Creek    reservoir  , 
on  sections  10  and  11,  township  26,  range  ! 
27*  and  Rag  Gulch  reservoir  on  sections 
11,   12,   13    and    14,  township  25,  range  27,  : 
and  section    18,    township   25,   range  28, 
storage  reservoirs,   all  of   Mount    Diablo 
base  and  meridian. 

We  also  made  surveys  of  about  thirty  | 
miles  of  canals  as  follows:  From  Granite 
reservoir  to  Dyer  creek,  a  distance  of 
12.51  miles;  from  Granite  station  to  Dyer 
creek,  5.50  miles,  and  from  Poso  creek 
reservoir,  through  the  south  and  east 
part  of  the  district,  14.16  miles,  besides 
two  preliminary  surveys  to  Poso  creek  to 
!  determine  the  elevation  and  where  to  lo- 
cate the  two  reservoirs  on  Poso  creek. 
These  surveys  were  made  to  determine 
the  estimate  of  amount  of  work  and  cost 
to  complete  the  system  of  water  supply 
for  the  district  before  offering  the  bonds 
for  sale. 

Granite  reservoir  is  located  on  Poso  creek, 
above  a  narrow  gorge  of  graphite  or  granite 
rock,  thirty-eight  feet  wide  at  the  bottom 
and  260  feet  wide  at  a  point  100  feet  high. 
This  reservoir  is  only  intended  as  a  sup- 
ply reservoir,  to  divert  the  water  from 
Poso  creek  into  Little  creek,  Dyer  creek 
and  Rag  gulch  reservoirs,  which  are  lo- 
cated near  the  east  line  of  the  district. 

A  masonry  dam  built  at  this  reservoir 
would  be  thirty-eight  feet  long  at  the 
bottom  and  fifty  feet  long  on  the  top, 
twenty  feet  thick  at  the  bottom  and  ten 
feet  thick  on  top,  and  thirty  feet  high,  and 
would  require  750  cubic  yards  of  masonry, 
at  a  cost  of  $12,000. 

The  conduit,  wasteway,  supply  pipes 
and  other  necessary  work  would  cost  eight 
thousand  ($8000)  dollars,  or  a  total  cost  ot 
twenty  thousand  ($20,000)  dollars.  This  is 
based  upon  the  cost  of  masonry  in  the 
Bear  Valley  and  Sweetxvater  dams. 

Our  survey  was  from  the  dam  down  Poso 
creek  for  20CO  teet,  at  a  falling  grade  of 
ten  feet  per  mile,  and  gradually  diverging 
from  the  creek;  at  this  point  we  leave  the 
creek  and  follow  along  a  steep  mountain 
side,  of  rocky  formation,  to  a  point  $11,875 
ieet  from  the  dam,  where  we  located  a 
tunnel  800  ieet  long.  From  the  dam  to 
this  tunnel  would  be  a  pipe  line  and  flume 
2.25  miles  long,  or  a  flume  might  be  con- 
structed for  this  distance.  From  the  end 
of  this  tunnel  we  commenced  the  survey 
of  a  canal,  twentyjeet  wide  at  the  bot- 


tom,  at  a  falling  grade  of  four  feet  per 
mile,  winding  around  the  base  of  the 
mountain  along  a  formation  of  loose 
granite  rock,  with  gravel  and  clay  inter- 
mixed. This  canal  will  be  live  feet  deep 
and  carry  three  teot  of  water,  with  ilope 
of  banks  of  two  feet  horizontal  to  one 
foot  perpendicular,  and  the  lower  bank 
will  be  eight  feet  wide  on  top.  This  canal 
was  surveyed  to  Granite  Station,  54,300 
feet  or  10.28  miles,  where  it  leaves  the 
granite  formation.  There  will  be  required 
on  this  route  of  10.28  miles  of  canal  three 
tunnels,  varying  in  length  from  200  to  800 
feet,  and  four  flumes  across  deep  gulches 
and  watercourses,  from  250  to  400  feet 
each. 

The  two  pipe  lines  from  Granite  reser- 
voir will  necessarily  have  to  be  36  inches 
in  diameter  to  carry  the    volume  of  water 
required   and  discharge  the  water  into  a  i 
flume    a   distance    of   2000  feet,  where  it 
would  be.  earned  to  the  tunnel,   2.24  miles 
from    the    reservoir,    at  a  coat  of  twenty 
thousand    ($20,000)    dollars.     The    canal, 
with   given   width   and   slopes,  would  re- 
quire an   excavation  of  17,271  cubic  yards 
;  per  mile,  and  being  largsly  of  a  rocky  for- 
i  rnation,  would  cost  about  $3000   per  mile, 
i  or  u  total  cost  of  $30,000  lor  the  canal  to 
i  Granite  stition. 

The  flumes  are  located  as  follows:    One 
!  from  station  230x50  to  233  is  250  feet  long, 
j  just  ahove   Long  Tom  mine  and   across 
j  Long  Tom  gulch;  the  second  from  station  ; 
!  304x50  V>  307  is  250  feet  long,  one  mile  west  i 
of  Long  Tom  and  across  a  deep  gulch;  the  I 
third   from  station  478x40  to  482x46  is  406 
feet  long,    and    trt»  rourth    from   station 
593x50  to  597  is  350  feet  long.    Total  length 
of  flume,  1256  Ieet,  which  should  be  8  Ieet 
wide    on   the   bottom  and   sides,  3%  feet 
t  high,  and   at  a  fall  of  10  feet   por   mile, 
i  which  would  cost  $2  per  lineal  foot,,  or  u 
total  cost  of  $2512. 

One  tunnel  at  station  118  by  75  is  800 
!  feet  long  at  the  end  of  pipe  line  or  flume, 
southeast  of  Long  Tom,  6  feet  wide  and  6 
Ieet  high,  would  cost  about  $2  50  per  lineal 
foot,  or  a  total  of  $2000;  the  second  at  sta- 
tion 192  by  30  is  300  Ieet  long  (same  size  as 
above),  at  a  cost  of  $2  per  lineal  foot,  or  a 
total  cost  of  $600;  the  third  at  station  256 
by  50  is  200  feet  long,  at  a  cost  of  $2  per 
Jineal  toot,  would  cost  $400,  or  a  total  cost 
for  tunnels  of  $3000. 

The  canals  from  Granite  station  are 
made  on  the  slope  of  ^the  hills  and  are  all 
easy  grading,  and  in  most  parts  the 
!  amount  of  excavations  will  make  the  em- 
bankments; they  will  be  sixteen  feet 
wide  at  the  bottom,  with  side  slope  of  two 
to  one,  and  will  require  about  12,000 
cubic  yards  per  mile;  they  are  as  follows  ; 
from  Granite  station  to  Granite  creek:  i 
One  mile  from  Granite  creek  to  Little  ' 
creek,  three  and  a  half  miles;  from  Little  ; 
creek  to  Dyer  creek,  two  and  a  half  miles;  ' 
and  from  Dyer  creek  to  Dyer  creek  reser- 
ij  voir,  two  and  a  half  miles;  total,  nine 
and  a  half  miles.  These  would  cost  about 
$800  per  mile,  or  a  total  cost  of  $7600. 
These  canals  discharge  the  water  into 
natural  channels,  which  have  a  fall  of 
from  twenty  to  thirty  feet  per  mile,  and 
would  save 'building  about  fifteen  miles  ol 
canals,  to  carry  the  water  from  Granite 
reservoir  to  Little  creek,  Dyer  creek  and 
Rag  gulch  reservoirs,  to  be  stored  in  win- 
ter and  spring  for  use  in  aummer.  These 
reservoirs  completed  would  hold  enough 
J  water  to  irrigate  70,000  acres  during  th« 


season. 


Poso  Crk  res 
Lit'lCrk  " 
Dj-er  "  " 
Rag  Glen  " 
Dist  Ditches 
Total  Arat.. 
Upper  Wr'ks 

G'n'd  Total 


RECAPITULATION. 


Acres.   (Capac.  Gall'us.|    Cost. 


281.37 
356.92 
218.16 
657.65 


1,514.11 


1,961,280,000 
2,647,778,400 
1,368,426,000 
4,269,695,600 

10,246,ib8J6b6 


are  estopped  to  allege  or  prove  the  illegality  or- 
invalidity  of  any  of  the  proceedings  above  men-  ; 
tioned;    and  it  holds  that  under  existing  law  j 
the  decree  of  confirmation   is   as   conclusive  ; 
against  all  parties  interested  as  it  would  be  if 
$41,560    each  and  all  of  them  had  appeared  and  been 
heard   in   that  special   proceedings   for   con- 
firmation. 

In  view  of  this  decision  of  the  Supreme  Court 
I  am  of  the  opinion  that  the  legality  of  the 
bonds  of  the  Poso  Irrigation  district  is  fully 


36,073 
42,701 
41,243 
15,000 

176,577 


75,512 

$252,089 


In  summing  up  the  advantages  of  Jroao 
Irrigation  district,  I  should  say  it  starts 
out  under  very  favorable  circumstances, 
and  with  briarht  prospects  ahead,  having 
an  abundant  source  of  water  supply,  and 
no  adverse  water  rights  to  condemn ;  the 
right  ot  way  will  cost  but  a  nominal  sum, 
much  of  it'being  across  Government  land 
and  those  wanting  water. 

The  reservoirs  are  located  mostly,  on 
Government  land,  which  would  cost  noth- 
ing; they  are  all  easy  of  access,  and  can  be 
built  at  a  minimum  cost,  and  I  believe  no 
mistakes  have  been  made  in  selecting  th« 
reservoir  sites. 

Surveys  and  examinations  were  mado  at 
different  points  before  the  sites  were  se- 
lected; calculations  have  been  fully  made 
for  headgates  and  drops  in  the  ditches  and 
for  sufficient  wasteways  in  the  reservoirs, 
besides  the  dams  will  have  a  base  of  from 
200  to  300  feet,  and  will  be  from  ten  to 
twenty  feet  wide  on  top,  constructed  of 
the  best  material,  and  will  be  sufficiently 
strong  to  withstand  the  pressure  of  water 
nearly  to  the  top. 

H.  I.  Willey,  consulting  engineer,  in- 
dorses Mr.  Barber's  report  as  foll.qws: 


established.    Very  respectfully 


A.  L.  RHODES. 


KERN  AND  TULAKE. 


A  DISTRICT  WHEBE  THERE  WAS 
NO  OPPOSITION. 


The  Bonds  Indorsed  by  the  Superior 

Court— Progress  of  Canal 

Work. 


The  Kern  and  Tulare  district  is  the  ban- 
ner district  of  the  State  so  far  as  regards 
unanimity  among  the  people  who  reside 
within  its  boundaries.  Not  a  dissenting 
vote  was  cast  in  either  the  election  for 
organization  or  the  one  on  bonds.  This 
district  was  also  the  first  to  issue  bonds 
under  the  Eckles  amendment  to  the 
Wright  law,  passed  by  the  last  Legislature. 

This  district,  which,  as  its  name  implies, 


A  careful  examination  and  verification  is  located  in  Kern  and  Tulare  counties, 
of  the  surveys,  plans  and  estimates  of  Mr.  ,  was  organized  in  May,  1890,  and  comprises 
Emmet  Barber,  C.  E. ,  as  set  forth  in  his  •  S0me  80  000  acres.  The  source  of  supply 
report  to  the  honorable  board  of  directors 


of'this  district,  justifies  me  in  approval  of 
the  same  in  all  essential  features,  only  de- 
viating from  or  modifying  his  work  in 
some  minor  particulars,  which,  in  my 
opinion,  will  make  the  system  more  per- 
fect and  economical  of  construction  to  tne 
district. 

As  to  the  legality  of  the  bonds  issued  by 
the  Poao  Irrigation  district,  we  annex  the 
following  clear  and  emphatic  opinion  of 
Hon.  A.  L.  Rhodes,  who  was  for  seventeen 
years  a  judge  of  the  Supreme  Court  of 
California,  and  for  many  years  Chief 
Justice.  On  account  of  his  well-known 
ability  and  special  knowledge  of  the  law 
in  regard  to  bonds,  his  opinion  will  com 


for  irrigation  is  the  Kern  river.  At  the 
election  for  organization  there  were  137 
votes  in  favor  and  none  against,  while  at 
the  bond  election  144  votes  were  cast  in 
favor  and  none  in  opposition.  Bonds  to 
the  amount  of  $700,000  were  voted,  and 
$350,000  are  now  on  the  market. 

At  an  election  held  on  May  3,  1890,  the 
following-named  directors  were  elected: 
T.  E.  Clark,  E.  E.  Hobart,  B.  M.  Watts, 
Benjamin  Thomas  and  E.  D.  Morton. 

The  lollowing  officers  were  elected:  B. 
M.  Watts,  president;  J.  0.  Sidtner,  §ec- 

retary,  and  M.  Schwartz,  treasurer;  J.  S. 
Brooks,  collector;  J.  0.  Sidener,  assessor. 
Preliminary  plans  and   estimates  were 


inand  the  confidence  of  all  who  know  him.        -,-—,- -i   ,«-  — 

SAN  FRANCISCO,  Mav  14. 1891.-Coptofnl>.  5.  :  ordered   on   July  1.   1890,   and   the    same 
Coverdale,  Treasurer  of  Poso  Irrigation  District,  '  were  adopted   on   the  7th  ot  October,  1890. 
Delano,  Cal.-r-DEA.-R  SIR:    I  have  examined  the  i  The  engineer  preparing  and    presenting 
opinion  of  the  Supreme  Court  of  this  State  in  :  the  same  was  John  S.  Urton. 
the  case  of  Henry  J.  Crall  vs.  Board  of  Direct-  •      jn  ni3  report  to  the  president  and  board 


ors  of  the  Poso  Irrigation  District,  decided  De- 
cember 15, 1879,  and  I  find  that  it  affirms  the 
decree  of  the  Superior  Court  of  Kern  county, 


U-tTdCG   (JA    MM3  OUEKy4.AVF*      \j/\f \AJiV     vl      J.VU1  11      «^WU.Wbjrj  f-* 

rendered  September  10, 1889.    The  said  decree     lowing  lacts : 


of  directors  of  the   Kern  and  Tulare  Irri- 
gation district,  Mr.   Urtoi}  states  the  fol- 


approves  and  confirms  each  and  all  the  pro- 
ceedings for  the  formation  of  the  Poso  Irriga- 
tion district,  and  all  the  other  proceedings 
which  may  affect  the  legality  and  the  validity 
of  the  bonds  of  tho  district  and  the  order  for 
their  sale. 

The  decision  of  the  Supreme  Court  defin  itely 
establishes  the  validity  of  all  the  proceedings 
from  and  including  the  organization  of  the 
said  irrigation  district  up  to  and  including  the 
order  for  the  issue  and  sale  of  the  bonds  ol  the 
district,  and  it  holds  that  all  persons  interested 
i  in  the  district,  or  who  may  be  affected  by  the 
proceedings  had  for  the  organization  of  the 
district,  or  for  the.  issue  and  sale  of  the  bonds, 


In  accordance  with  instructions  re- 
ceived, I  investigated  a  route  for  a  canal 
to  convey  not  less  than  1500  cubic  feet  of 
water  per  second  from  Kern  river  to  be 
used  for  the  puroose  of  irrigating  lands 
laying  upon  the  plans  north  of  the  Pozo 
Irrigation  district,  and  embracing  all  the 
lands  in  the  Kern  and  Tulare  Irrigation 
district  g.ud  all  lands  laying  contiguous 
thereto,  susceptible  of  irrigation  from  the 
same  common  system,  together  with  plans 
and  estimates  of  cost  of  constructing  the 
same,  including  the  necessary  main  dis^ 


tributing  ditches,  wasteways  and  all  neces- 
sary expenses  to  complete  an  irrigating 
system  for  the  Kern  and  Tuiare  Irriga- 
tion district  with  the  additional  territory 
added. 

"  On  examination  I  find  Kern  river  to 
be  a  hard  and  difficult  river  to  approach 
with  a  canal,  for  the  reason  the  elevations 
of  its  banks  are  so  irregular;  in  many 
places  they  are  low,  while  in  other  places 
high  perpendicular  bluffs  set  close  to  the 
river  bank  and  in  some  instances  extend 
to  the  water's  edge.  These  physical  con- 
ditions compel  the  canal  line  to  follow  the 
elevation  in  a  tortuous  course,  making 
many  sharp  curves. 

"Alter  making  an  examination  of  the 
river,  ].  located  the  point  for  the  head 
works  of  the  proposed  canal,  at  a  point  on 
the  right  bank  of  Kern  river  in  section  4, 
township  29  south,  range  29  east,  Mount 
Diablo  base  and  meridian.  This  point 
was  selected  for  the  reason  that  it  has  the 
proper  elevation  to  enable  the  supply  of 
the  nigh  territory  to  overcome  most  of  the 
engineering  difficulties. 

"The  first  six  or  eight  miles  of  the 
canal,  after  leaving  Kern  river,  being 
through  sandy  and  porous  material,  the 
loss  of  water  over  this  portion  of  the  line 
by  percolation,  after  the  first  Jew  years 
after  the  opening  of  the  can.il,  will  be 
large,  but  this  will  decrease  with  age  and 
use  of  the  canal,  as  fine  particles  of  clay 
settle  into  the  porous  material. 

"From  the  initial  point  of  the  canal  on 
Kern  river  to  station  435,  a  distance  of 
8.1G  miles,  the  displacement  equals  1,294,- 
962  cubic  yards. 

J*  This  distance,  163,100  feet,  or  30.89 
miles,  from  the  head  of  the  canal  on 
Kern  river  puts  the  canal  on  the  plains 
north  of  all  the  rough  land  along  Poso 
creek,  from  which  point  the  cost  of  con- 
struction can  be  approximately  estimated 
by  the  mile,  as  the  surtace  is  fairly  uni- 
form, and  each  mile  of  canal  of  equal  di- 
mension will  require  about  the  same 
amount  of  displacement. 

"  From  this  point,  station  1631,  to  the 
north  side  of  Dyer's  gulch  to  station  2159, 
a  distance  of  ten  miles,  the  displacement 
equals  42,240  cubic  yards  per  mile,  or  a 
:  total  of  422,400  cubic  yards.  From  Dyer's 
gulch  to  the  north  side  of  Rig  gulch,  to 
station  2512.  a  distance  of  6.68  miles,  the 
displacement  equals  26,400  leet  per  mile, 
or  176,352  cubic  yards  for  the  given  dis- 
tance. 

"  From  the  north  side  of  Rag  gulch  to 
the  deep  drain  in  section  13,  township  24 
south,  range  26  east,  Mount  Diablo  base 
and  meridian,  to  station  2723,  a  distance 
of  4.01  miles,  the  displacement  equals 
20,400  cubic  yards  per  mile,  or  a  total  for 
a  given  distance  ol  81,804  cubic  y«rds. 
From  this  station  to  the  north  line  of  sec- 
tion 11,  township  24,  range  26  east,  Mount 
Diablo  base  and'meridian,  the  canal  has  a 
bed  width  of  forty  ieet,  water  depth  lour 
feet,  grade  nine  inches  per  mile.  To  this 
line,  station  2900,  a  distance  of  3.35  miles, 
the  displacement  equals  for  the  given  dis- 
tance 64,856  cubic  yard?.  This  includes 
all  the  displacement  required  in  the  con- 
struction of  the  main  canal  from  Kern 
river  to  its  terminus. 

"The  main  distributing  canals  are  three 
in  number  and  tap  the  main  canal  at  the 
points  elsewhere  named   in    this  report,  j 
the  first  at  a  point  on    the  north  side   of! 


Dyer's  gulch,  in  section  34,  township  25,  ! 
range  20  east,  Mount  Diablo  base  and  me-  • 
ridian  ;  the  second  at  a  point  on  the  north  ' 
side  of  Rag  gulch,  in  section  34,  town- 
i  ship  24  south,  range  26  east,  Mount 
!  Diablo  base  and  meridian,  and  the 
!  third  ia  a  continuation  of  the  main  canal 
to  a  point  on  the  section  line  between  sec- 
tions 2  and  11,  same  township  and  rango 
last  named.  These  canals  run  directly 
west  from  the  main  canal,  crossing  the 
railroad  to  the  west  boundary  line  of  the 
districts,  a  distance  of  ten  miles  each.  The 
first  two  of  these  distributing  canals  have 
a  bed  width  of  50  feet  each,  water  depth, 
4  feet;  side  slopes,  1^  to  1;  grade,  1.5  feet 
per  mile;  banks,  6  feet  wide  on  top  and 
V/z  feet  above  the  water  in  the  canal ;  side 
slopes,  1%  to  1,  outside  and  inside. 

The  fail  or  slope  of  the  surface  of  the 
country  being  great — from  twenty  to 
twenty-four  leet  per  mile— these  canals 
will  have  five  drops  from  four  to  five  feet 
fall  each,  and  four  headgates  each  for  the 
distribution  of  water,  per  mile.  The  cost 
of  construction  may  ba  computed  as  fol- 
fows: 


Cubic 
Yards. 

Per 
Cubic 
Yard. 

Total. 

$1,440 
700 
560 
350 

Earth    displaced     per 
mile 

18,000 
20,000 
16,000 
36,000 

8c. 
$35  $M 
35  ^M 

10  $M 

Lumber  for  five  drops, 
mile  
Lumber  for  four  drops, 

Carpentering,  excavat- 
ing and  filling  in  

$3,060 

Thirty  mile«  distributing  caual $91,800 

Three  crossings   for   railroad,  $1000 

each 3,000 

Surveys  aud  contingencies 100,000 

Grand  total  for  main  canal 420,319 

$021,110 
Discount  of  10  per  cent  on  bonds —     (59,013 

Grand  total .$690,132 

The  preliminary  plans  and  estimates 
were  adopted  on  October  7,  1890,  and  elec- 
tion for  bonds  was  ordered  on  October  8, 
1899,  the  value  of  the  proposed  issue  being 
$700,000;  the  election  was  held  on  Novem- 
ber 1,  1890.  The  number  of  votes  cast  for 
the  issuance  of  bonds  was  144;  in  opposi- 
tion, none. 

The  bonds  were  ordered  to  be  issued  on 
November  3,  1890,  but  were  not  advertised. 
The  financial  status  of  the  district  at 
present  is  good,  there  being  funds  on  hand 
to  cover  all  indebtedness  incurred  to  date 
and  to  carry  the  current  expenses  for  the 
coming  year. 

Thejv  has  been  one  assessment  of  1  per 
cent  on  $8,000,465,  which  was  made  on 
September  9,  1890,  with  no  opposition  to 
collection. 

The  present  officer  a  of  the  district  ar*' 
Directors— K.  M.  Watts  (president),  r.  I5< 
Clark,  B.  F.  Hobart,  Benjamin  Thomas 
and  E.  B.  Horton;  J.  0.  Sidener,  secre- 
tary; M.  Schwartz,  treasurer:  all  of  De- 
lano; C.  C.  Wright,  attorney  of  Modesto; 
J.  S.  Urton,  engineer,  of  Hanford;  all  of 
the  State  of  Caliiornia. 

The  office  of  the  district  is  Delano,  Kern 
county,  Gal.  The  decree  of  confirmation 
of  all  proceedings  was  rendered  by  the 
Superior  Court  ot  the  county  of  Tuiare  on 
the  5th  of  January,  1891.  The  outlook  lor 


Head  of  Kaweah  river  flume  on  Tulare  canal.    (From  photograph  by  E.  A.  S.  Wyllif.) 


the  district  could  not  "be  better." 

For  the  purpose  of  determining  beyond 
a  doubt  the  feasibility  of  obtaining  a  sup- 
ply of  water  for  the  district  from  the 
Kern  river  the  directors  of  the  district 
employed  four  civil  and  hydraulic  en- 
gineers of  large  practical  experience  in  ir- 
rigation work  and  details  to  investigate 
thoroughly  the  supply  of  water  from  Kern 
river,  and  also  to  determine  the  quantity 
of  land  at  this  date  irrigated  from  that 
source,  as  well  as  the  quantity  of  land 
that  could  be  properly  irrigated  from  that 
source. 

The  engineers  occupied  the  larger  por- 
tion of  the  months  of  March  and  April, 
1891,  in  determining  how  much  water  was 
diverted  Irom  the  river  for  irrigation  or 
other  purposes  through  canals  and  ditches. 
They  measured  and  cross-sectioned  the 
complete  systems  of  J.  B.  Hagen  &  Co. 
and  Miller  &  Lux  and  all  others,  and  as- 
certained that  there  was  at  this  date  only 
170,000  acres  under  a  system  of  irrigation 
from  said  Kern  river.  They  also  ascer- 
tained that  the  average  flow  of  Kern  river 
from  the  month  of  January  until  August 
of  each  year  would,  if  properly  distributed 
and  handled,  irrigate  480,OuO  acres,  or 
310,000  acres  more  than  is  now  irrigate.! 
from  said  source.  When  we  consider  that 
the  water  supply  of  the  K.  &  T.  I.  D. 
is  only  secondary  to  the  use  oi 
tho  aforesaid  waters  by  the  claim- 
ants for  the  aforesaid  17,000  acres 
already  watered  from  that  source,  and 
that  the  right  of  this  district  is  the  firsi 
to  the  surplus  above  indicated;  and  that 
the  ratio  of  our  draft  upon  that  surplus 
is  the  area  of  our  district,  or  84,334  acres. 


1  against  310,003  acres  susceptible   of  being  - 
supplied,  it  is  impossible   to   suggest  any  \ 
reason  that  would  justify   any   person   in 
'  encouraging  the  conclusion  that  there  is  a 
doubt  as  to  the   water   supply;  excepting 
that  deep  and  common  design   of  corrupt 
men  to  deceive  in  order  to  cover  their  per- 
sonal aspirations  and  retard  the   develop- 
ment of  the  country,    to   the   injurjr  and 
harm  of  the  very  class  alone   who  can   be 
depended  upon  to  bring  forth  the   great- 
'  est  results  through  a  system   of  improve- 
ment and  husbandry  that   will  never  ob- 
tain  where   the  country   is  claimed    and 
(  controlled  in  large  holdings  by  those  who 
have  axes  to  grind  in  their  opposition   to 
i  the  irrigation  district  system. 

The  engineers  who  made   the  aforesaid 

i  estimates  upon  the  water  supply  and  the 

rights    of    present    claimants    upon    th*1 

same  were:   John  S.    Urton   of   Hanford, 

Tulare    county,    who  has    perhaps    built 

more  miles   of  irrigation   canals  of  large 

magnitude  than  any  engineer  in  the  State; 

J.  D.  Brown   of  Bakersfield,  Gal.,  long  in 

j  the  employ  of  J.  B.  Haggin   as   his   chief  •• 

I  engineer  in  constructing  most  of  his   ex-  j 

I  tensive    irrigation    works    in    California; 

|!  P.  J.  Flynn,  an   acknowledged   authority 

j:  on  hydraulic  engineering  in   some   of  the 

i!  highest    schools    of    that     profession    in 

|i  the    United  States;    also   Mr.   McMurdo, 

i  the    present    County    Surveyor   of    Kern 

|  county,  Gal.,  and   of  large  experience   in 

!  canal    construction    work    for    irrigation 

'  purposes    throughout    Kern  county   and 

especially  with  J.  B.  Haggin  &  Co.     P.  J. 

Flynn' s  address   is   Los   Angeles,  Cal.,  in 

which  city  he  has  charge  of  the  engmeer- 

!  ing  for  the  sewerage  system. 


From  these  d;ita  it  will  be  seen  that  the  I 
directors  of  the  district  are  pursuing  their  ' 
work  with  a  full  understanding  of  the  re- 
sponsibility of  the  undertaking  and  of  the 
consequences    that    must     result    should 
they,   through  any  possible  contingency,  ;  LITIGATION 
incumber  their  homes  and  property  with- 
out securing  the  full  compensation  antici- 
pated by  the  purposes  of  the  enterprise. 

A  splendid  example  of  what  water  will 
do  in  this  district  is  shown  in  B.  M. Watts' 
twenty-five-acre  tract,  one-half  mile  east 
of  Delano.  Mr.  Watts,  who  is  president 
of  the  board  of  directors  of  this  district, 
bought  his  place  three  years  ago,  when  it 
was  only  good  for  a  sheep  range.  He  now 
has  as  fine  an  orchard  and  vineyard  as 
there  is  in  the  State,  arid  all  the  water  he 
has  is  supplied  by  two  windmills  and  a 
pump  worked  by  horse-power.  Mr.  Watts 
does  quite  a  business  in  supplying  the  sur- 
rounding country  with  cuttings  from  his 
one-year-old  vines.  He  has  also  planted 
100  orange  trees  this  summer,  and  they 
are  doing  well. 

T.  E.  Clark,  one  of  the  directors  of  this 
district,  living  five  miles  from  Delano, 
planted  twenty  acres  of  vines  two  months 


MODESTO  DISTSIGT. 


ago  and  supplies  water  for  them  from  a 
pump  worked  by  a  gasoline  electric  en- 
gine. The  vines  are  all  doing  finely  and 
are  haying  a  remarkable  growth.  But  a 
very  few  have  been  lost,  and  those  were 
from  the  work  of  gophers. 

John   S.   Urton,   the  chief  engineer  of 
this  district  is  a  canal  builder  in  the  San 

^oaquin  valley  of  seventeen  years'  experi- 

'ence,  and  has  perfected  more  canal  sys- 
tems than  any  other  engineer  in  the  State. 

|  He   is  considered  one   of  the   best  canal 

i  builders  in  California. 

The  officers  and  directors  of  the  district 
are  B.  M.  Watts,  president;   T.  E.  Clark, 


RESULTING   FAVOR- 
ABLY TO   IRRIGATION. 


Source  of  Supply  and  Sketch  of  the 

Dam  and  Canal  System — 

The  Cost. 


Not  so  much  progress  has  been  made 
in  Stanislaus  county  in  the  direction  of. 
irrigation  enterprise  as  in  other  portions 
of  the  great  San  Joaquin  valley.  This 
has  not  been  due  to  any  lack  of  sources 
of  supply,  for  few  counties  are  better  pro- 
vided with  never-failing  streams  of  the 
largest  size.  Rather  has  it  been  the  re- 
sult of  a  lack  of  necessity  for  irrigation  in 
those  branches  of  agriculture  which  havo 


Dam  and  tunnel,  Ttirlock  CanaL 


B.  F.  Hobart,  Benjamin.  Thomas,  E.  D. 
Morton,  J.  0.  Sidener,  secretary;  J.  S. 
Urton,  chief  engineer. 

The  effect  which  the  completion  of  this 
irrigation  system  will  have  upon  the  town 
of  Delano,  which  is  the  princpal  settle- 
ment in  this  district,  can  hardly  be  over- 
estimated. With  a  densely  populated  and 
highly  productive  region,  such  &A  this  is 
certain  to  become,  nothing  can  prevent 
Delano  from  becoming  a  large  and  pros- 
perous city.  As  a  shipping  and  trading 
point  it  will  equal  any  other  place  in  the 
valley.  The  people  recognize  this  fact  and 
to  a  man  are  enthusiastic  in  support  of 
irrigation. 


until  recently  occupied  almost  the  entire 
attention  of  the  farmers  of  this  county. 
Wheat-growing  has  been  the  chief  indus- 
try, and  so  favorable  is  the  soil  and 
climate  that  large  harvests  have  been,  the 
rule  for  a  long  series  of  years. 

However,  the  same  gradual  change  has 
set  in  here  that  is  seen  all  over  the  State. 
Agriculture,  or  rather  wheat  growing,  is 
giving  way  steadily  to  the  cultivation  of 
fruits,  and  more  and  more  attention  is 
paid  to  this  profitable  pursuit  every  year. 
But  while  wheat  can  be  successfully  pro- 
duced without  irrigation,  not  so  with 
iruit.  Hence,  the  people  have  been 
aroused  to  the  importance  of  the  estab- 
lishment of  a  comprehensive  system  of 
irrigation.  The  Wright  law  owes  its 
authorship  to  a  prominent  resident  of 
Stanislaus  county,  C.  C.  Wright,  and, 
naturally,  the  pro-Visions  of  that  act  were 
promptly  taken  advantage  of  soon  after  it 
became  a  part  of  the  laws  of  the  State. 

The  petition  i'or  the  formation  of  Mo- 
desto district  was  presented  to  the  Board 
oil  Supervisors  May  11,  1837,  and  was  con- 
sidered by  them  from  the  date  of  its  pre- 
sentation to  June  7,  1837.  There  was  con- 
siderable opposition  made  to  the  organi- 
sajfcion  of  tho  district  on  the  ground  that 
ihe  opponents  did  not  desire  irrigation  by 
any  plan.  However,  the  petition  was 
granted  with  certain  modifications.  The 
election  for  the  district  was  ordered  on 
June  7,  1887,  and  was  held  on  July  9,  1887. 
The  number  of  votes  cast  was  856;  700  for 
and  156  against. 

The  f.i. lowing  directors  were  elected: 
J.  W.  D  ivison,  i'l  H.  Catlin,  R.  McHenry, 
A.  C.  Carver,  W.  H.  Finley.  Robert  Mo- 
Henry  was  elected  president;  J.  W. 
Daviaon,  secretary;  I.  Perkins,  treasurer. 

An  election  for  bonds  was  ordered  on, 
November  19,  1887,  and  it  was  proposed  to 
iisue  bonds  for  $800,000.  The  election  was 
held  on  December  4,  18S7,  and  resulted: 
4;;9  aves  to  66  noes. 

Bonds  to  the  amount  of  $800,000  were, 
therefore  issued  and  advertised  January' 
7,  1889,  and  bonds  to  the  amount  of  $1-12,- 
000  have  been  sold. 

Some  idea  of  the  stability  of  the  Mo- 
desto district  can  be  formed  from  the  fact 
tha;  the  assessed  value  of  all  the  property 
contained  therein  is  $3,361,347,  while  the 


bonded  indebtedness  lor  irrigation  pur- 
poses is  only  $800,000.  There  is  thus  a 
securitj7'  of  four  times  the  amount  of  the 
bonds,  and  this  too  on  the  basis  of  the 
assessed  valuation.  The  actual  cash  value 
•<  of  the  property  which  is  the  security  for 
the  bonds  is  at  least  50  per  cent  greater 
than  the  assessment.  The  value  which 
irrigation  gives  to  the  district  may  be  seen 
trorn  the  fact  that  lands  without  water 
are  worth  only  from  $10  to  $25  an  acre, 
while  with  water  they  sell  for  $75  to  $100. 
Thus  by  the  expenditure  of  less  than  $10 
per  acre  the  selling  value  of  the  land  is 
trebled  and  quadrupled.  It  is  indeed, 
difficult  to  see  how  better  security  could 
be  afforded  for  an  indebtedness  of  such  an 
amount  as  the  bonds  issued  by  this  dis- 
trict. 


teen  feet,  with  u  slope  of  a  quarter  to  one, 
and  the  height  of  water  seven  feet.  The 
canal  is  calculated  to  carry  640  cubic  feet 
of  water  per  second,  with  a  velocity  of  4.9 
feet.  The  grades  and  velocity  on  the 
flumes  are  greater,  and  the  width  ot  same 
on  bottom  will  be  ten  feet,  with  seven  feet 
depth  of  water.  Alter  the  first  two  rniiea 
the  canal  leaves  the  steep  slopes  of  the 
river  bank  and  follows  the  plateaus  and 
benches,  where  the  only  difficult  work 
will  be  the  construction  of  a  tunnel  about 
1200  feet  in  length  and  the  crossings  of 
deep  canyons.  The  grade  on  this  portion 
of  the  canal  is  one  foot  to  the  mile;  width 
of  canal  on  bottom  twenty-eight  teet,  with 
a  slope  of  two  to  one;  seven  ieet  depth  of 
water;  velocity,  2.43. 
The  contract  lor  section  2,  consisting  of 


strucUon  of  the  same.  The  estimated 
amount  of  material  in  the  canal  to  be 
moved  is  about  500,000  cubic  yards  of 


Four  suits  have  been  engaged  in  by  this  the  two  miles  of  bluff  work,  has  been  let 
district,  three  of  which  have  been  decided;  to  J,  D.  McDougald  of  Stockton,  and  he 
by  the  Supreme  Court  favorably  to  the  has  now  a  forco  of  250  men  and  about 
district.  The  other  is  now  pending,  butN  twenty  teams  employed  on  the  con- 
as  it  hinges  upon  points  already  decided, 
its  outcome  cannot  be  different  from  that 
of  the  other  suits. 

The  present  officers  of  the  district  arejas  earth,  about  200,000  cubic  yards' of  rock 
follows:  President,  A.  G-.  Carver;  direc-  ,  and  25,000  cubic  yards  of  wall.  The  length 
tors — A.  G.  Carver,  P.  A.  Cressey,  G.  D.  I  of  the  main  canal  is  about  twentv-two  and 
Wootten,  W.  H.  Finley  and  R.  J.  McKim- 
rnon.  C.  S.  Abbott  is  secretary  and  0. 
Wmningstad  chief  engineer. 

It  may  be  added  that  the  security  be- 
hind the  bonds  of  this  district  can  be  in- 
ferred from  the  fact  that  without  water 
the  lands  are  worth  only  from  $10  to  $25 
m  acre,  while  with  water  they  command 
$75  to  $100.  The  average  cost 'per  acre  for 
water  is  only  $9  81. 

Preliminary  plans  and  estimates  were 
ordered  August  7,  1887,  and  were  made 
October  20,  1887,  by  0.  E.  Grunsky,  C.  E. 


The  works  as  preliminarily  planned  con- 


one-half  miles,  and  to  construct  the  same 
will  require  about  one  year  and  a  half. 
The  flumes  are  nine  in  number  and  ag- 
gregate 3400  feet  in  length,  and  will  re- 
quire about  800,000  feet  board  measure  of 
lumber.  The  height  of  any  trestle  will 
not  exceed  ninety  feet.  There  will  be 
twelve  drops  on  the  canal,  the  highest  of 
which  wiil  be  sixteen  feet  and  will  furnish 
500  horse-power.  The  cost  of  the  main 
canal  will  be  about  $250,000.  The  size  and 
location  of  the  branch  canals  and  dis- 
tributing ditches  have  not  as  yet  been 
determined  on,  but  as  they  are  intended 


sist  of  a  concrete  dam  ninety  feet  high 
above  low  water  two  miles  above  Knight's 
Ferry,  on  the  Stanislaus  river,  with  a 
canal  fifty  feet  wide  on  the  bottom,  lead- 
ing to  the  district.  The  engineer's  esti- 
nuite  of  cost  as  rendered  was  $646,000, 
which  was  rejected  as  too  high,  and  a 
new  plan  was  ordered  to  be  devised. 

A  weir  darn   wiil   be  constructed  across 
the  Tuolumne  river,  near   La  Grange,  at  a 

point  about   1450    feet    below   the  "county  

boundary    line    between    Stanislaus    and 

Tuolumne    counties.      This   dam    will  be  .    „-..»•  o.m-n-«r    turTm-rr 

curved  in  form  and   built  of   rabble   ma-  AN    IBBIGATION    SYSTEM    WITH- 

sonry  and  concrete.     It  will   be  about   105  OUT  A  PEER. 

feet  "high,  20  ieet  wide  and  320  feet  long  at 

the    crest  and    90  feet   wide    and  60  feet  — 

long  at  the   base.     It  will   contain   about  ..       m, 

32,000  cubic  yards  of  rubble  masonry,  and  The  Reservoir  That  Supplies  IhOUS- 


for  the  purpose  of  distributing  water  over 
80,000  acres  ot  land  the  length  and  ca- 
pacity of  same  will  be  considerable,  and  it 
is  calculated  the  cost  will  not  be  less  than 
$300,000.  It  will  probably  take  two  years 
to  finish  the  whole  system,  so  th#t  water 
may  be  put  on  every  acre  of  land  in  the 
district. 

BEAR  VALLEY. 


is  to  be  built  by  and  Jor  the  joint  use  of 
the  Modesto  and  Tuiare  irrigation  dis- 
tricts. This  will  be  the  highest  weir  dam. 
in  the  United  States,  having  an  overflow 
of  over  160,0'JO  cubic  feet  per  second  at  ex- 
treme high  flood.  The  plans  for  tiiis  daro, 
were  approved  by  Colonel 


ands  of  Acres— An  Immense 
Undertaking:. 


to  cost  $425,000. 


In  describing  the  most  prominent  irri- 
Mendell,       tion  districts  and  systems  in  California 
™  now  to  one  /h,cb  stands  pre-emi- 

,.  nent  both  as  regards  engineering  skill  and 

t'iie  tii-si  two  miles  of  the  canal  follows  the  appreciation  of  land    values  through 
the   steep   bluffs  of   the   river,   in   places  its  construction.     From  a  variety  of  stand- 
nearly  perpendicular.     The  formation   is  pointg   the  Bear  valley  system   is  without 
slate  and  some  little  hard  rock.     The  plan  -     8Uperior  in   the   State,    if  not,   indeed,  f 
lie"  ^^"nd'in"^  S&Sf  **£***    Brth.tgig»tl.  onterprise 
The  larger  canyons  will   be  crossed  with  lands  so  valueless  that  no  one   would 
rhiraes  on  wooden  trestles.      The    grade  much  as  pay  the  taxes  levied  on  an  assess 
along  this  portion  of  the  canal  is  1.5  to  the  ment  of  50  cents  an  acre   have  been  made 
1000  feet,   the  bottom  width  of  canal  six-   go  productive  that    they    have    sold   lor 


$1000   and   $2000  an   acre,  the  crops  -pro-  Ieet;  four  feet  ot  rainfall,  197,120  acre  feet; 
duced  actually  returning  a   large   interest    five  feet  of  rainfall,   246,400  acre  feet;  six 

feet 


of  rainfall,   295,680  acre   feet;  seven 
tuou,»ndShas  been  proved  with  com-    &£$&*&" 


upon  such  a  valuation.    A  population  of 


120-foot  dam,  which  will  hold  461,451  acre 
feet  of  water. 
In  using  water  from  the  reservoir  it  is 


fortable  homes,  and  tens  of  thousands  oi  ralnfall|  443,520~acre  feet;  tei'i  feet  of  rain- 
acres  of  what  was  regarded  as  a  hopeless  f^  492,800  acre  feet,  or  more  than  enough 
desert  have  been  converted  into  a  garden  to  till  the  proposed  new  reservoir  with  its 
fair  almost  as  that  of  Eden.  In  a  word, 
the  Bear  Valley  system  in  its  entirety 
presents  one  of  the  best  examples  possible 
of  the  results  that  have  followed  the  union  5u"ring7he" winteVand "spring"  mo'nthTbv 
of  land  and  water  in  this  favored  portion  drawing  supplies  irom  the  Santa  Ana 

,  river,  and  not  drawing  on  the  reservoir, 
will  equal  the  amount  of  wafer  lost  from 
the  above  estimates  by  seepage  and  evap- 
oration. 

If  the  120-foot  dam  had  been  completed 
in  the  summer  of  1883,  and  the  company 


of  the  earth. 

Ages  ago  Nature  formed  a  lake  away  up 
in  the  fastnesses  of  the  San  Bernardino 
range.  This  lake  was  fed  by  the  melting 
snows  of  the  mountains  and  by  the  heavy 
rainfall,  which  at  this  point  was  more 


had  commenced  at  once  to  deliver  all  the 
water  called  for  by  all  the  outstanding 
contracts,  including  the  100,000  class  B 
acre  water  rights,  the  water  in  the  reser- 
voir would  have  stood  as  follows : 


Rainfall  1883-84 

Season's  use  of  water 110,287 


than  quadruple  that  of  the  valley  a  score 
of  miles  distant.  For  centuries  this  lake 
remained,  until  some  terrible  convulsion 
rent  the  mountain  wails  that  held  it  in 
and  loosed  the  waters  on  the  valley  be- 
neath. More  centuries  passed  away. 
Where  the  lake  had  been  was  now  a  beau- 
tiful valley,  with  grassy  meadows  and  

purling  streams.     In  the  deep  grass  were    Balance  in  reservoir 266030 

herds  of  deer,  and  until   man  came   &uch    Kainfall  In  1884-85 109,523' 

another  delightful  picture  of  sylvan  soli- 
tude could  scarce  have  been  found.  But  i  Amount  then  in  reservoir 375,553 

the  time  came   when   the   people  in  the  i  Scon's  use  of  water 2^01 

great    valley     below    needed     water  >  for  5  Balance  in  reservoir 265,266 

their    gardens    and    orchards    and    vine- i  Rainfall  18858-0 259082 

yards.     All  the  running  streams  had  been  ' 

monopolized,  and  it  became   necessary  to  !        Total  amount  of  water 524,348 

•eek  some  means  of  saving  up  the  floods  »  Seasons  differ,  as  tho  rains  may  be 
that  ran  to  waste  during  the  winter  sea-  i  heavy  or  light,  and  as  they  may  be  early 
•on.  One  day  there  came  to  this  hidden  j  or  late,  but  this  is  a  fair  average.  In  fuf- 
mountain  valley  a  youth,  recently  gradu-  Inishing  water  for  110,270  acres" of  land  the 
ated  from  Yale;  full  of  enthusiasm,  with  'Bear  Valley  Irrigation  Company  will  sup- 
a  mind  both  to  dare  and  do.  He  saw  at  a;  ply  approximately  24  per  cent  of  the 

fiance  the  possibilities  of  the  old  lake  bed.  -amount  during  the  months  of  December, 
n  the  restoration  of  the  ancient  lake  he  (January,  February,  March,  April  and 
saw  the  solution  of  the  problem  that  con-  May.  As  a  rule,  the  company  will  not  be 
fronted  the  settlers  on  the  plains,  and,  in  compelled  to  draw  on  the  reservoir  at  ail 
the  face  of  the  discouragement  of  gray-  during  those  months  for  their  water  sup- 
haired  engineers  and  experts,  he  under-  ply,but  they  can  take  it  all  Irom  theSanta 
took  what  all  but  a  few  believed  was  a  Ana  river  at  or  near  the  mouth  of  the 
hopeless  task.  Across  the  chasm  left  canyon,  where  there  is  nearly  always  a 
where  the  mountain  was  riven  asunder  a  supply  of  water  running  to  waste  during 
slender  wall  of  stone  was  built.  As  the  those  months.  This  saving  of  the  stored 
•wall  crept  upward  the  waters  accumu-  water  will  nearly  or  quite  offset  the  ques- 
lated  behind  it,  and  when  it  was  com-  tions  of  seepage  and  evaporation,  for 
pleted  there  was  the  restored  lake,  in  which  no  allowance  was  made  in  the  cal- 
readiness  to  Dour  out  its  life-giving  waters  dilations  of  this  article. 


needed  in  the  valley  beneath. 


The    company  have    arranged  to  com-  , 


And  so  it  has   stood  from   that  day  to  me  nee  work    on    the  new  dam  early  next 

this,  a  monument  both   to  the  enterprise  spring.     The    present  dam   still    stands,  I 

of  its  projector  and  constructor,  Frank  E.  notwithstanding  the  anathemas  and  floods 

Brown,  and  to  the  ignorance  of  its  opoo-  that  have  been  hurlad  against  it,  and  niter 

Dents,  who  had  demonstrated  so  often  (on  withstanding  a  fall    of   thirty  'inches    of 

paper)  that  the    scheme  of   the  youthful  water  in  thirty-seven  hours  and  the  floods 

college  student  was  a  chimera  which  could  occasioned   by  such   a  storm,  it  is  safe   to 

never  stand  the  test    of   practical  expert-  assume  that  the  people  will  be  justified  in 

ment.  calming  their  fears,  if  they  ever  had  any, 

What  the  Bear  Valley  reservoir  is  capa-  about  the  stability  ol  the  structure.    Alter 

ble  of  doing  in  the  way  of  providing  a  sup-  the  present  season   the  occapation  of  the 

ply  of  water    for    irrigation   a    few  points  present  darn   will  be    practically  gone,  as 

Irom  an  exhaustive   paper  by  L.  M.  Holt  the  new  one  will    have    superseded  it  in 

will  show.     The  watershed    of  the  reser-  holding  back  tho  floods, 

voir  has  an  area  of   seventy-seven   square  The  present  dam,  however,  has  had  the  , 


Hiiles,  or  40,280  acres. 

One  foot  of  rainfall  will  put  49,280  acre 
feet  of  water  in  the  reservoir,  not  allowing 
any  wastage  by  seepage  and  evaporation, 
and  will  more  than  fill  the  present  reser- 
voir, which  has  a  capacity  of  40,040  acre 
feet. 

Two  feet  of  rainfall  equals  98,560  acre 
feet;  three  feet  of  rainfall,  147,840  acre 


:redit  of  adding  many  millions  of  wealth 
o  this  country,  and  of  being  the  founda-  • 
ion  to  a  system  thar  will  in  time  add 
vealth  to  this  section  equal  to  more  than 
louble  the  present  assessed  wealth  of  the 
jounty,  and  a  good  portion  ol  that  wealth 
irill  be  lound  along  the  north  side  and 
ivest  end  of  the  great  Ban  Jacinto  valluv 
irithin  the  bounds  ol  the  Aiessandro  and 


Perris  irrigation  districts. 

Here  we  have  the  capacity  of  the  Bear 
valley  watershed  to  irrigate  105,639  acres 
of  land  annually,  taking  the  rainfall  of 
tho  past  eight  years.  Besides  doing  this 
the  reservoir  is  tilled,  which  will  a  id  to 
the  capacity  to  irrigate  annually  57,680 
acres,  making  a  total  of  253.321  acres. 

Then   tne    company   will   form   a  small 
rewrvoir  on  the  Santa  Ana  river  that  will 
;  irrigate  12,000  acres  when  completed.  This 
reservoir  will  more  than  fill  ever}'  year. 

The  company  also  have  their  plans  laid 
for  constructing  a  canal  from  the  Santa 
Ana  river  around  and  along  the  north 
side  of  Hie  canyon,  then  through  a  tunnel 
ii?go  the  reservoir;  also  another  canal 
from  Whitewater  river  around  the  east 
side  of  the  mountains,  to  empty  that 
stream  and  others  into  the  upper  end  of 
the  reservoir.  These  two  canals  drain  a 
watershed  of  eighty-tire  square  miles,  or 
55,400  acres,  which,  with  the  s:ime  rainfall 
that  has  fallen  at  Bear  valley  dam,  will 
put  into  the  reservoir  272,000  additional 
acre  feet  of  water  annually,  thus  giving 
the  company  a  total  of  537,000  acre  feet  of  j 
water  annually  with  which  to  irrigate  ! 
that  number  of  acres  of  land  under  the 
flow  of  their  canals. 

Besides  these  systems  of  supply,  the 
Bear  Valley  Company  has  still  another 
which  is  now  for  the  first  time  made 
public.  In  the  San  Jacinto  Valley,  a 
short  distance  from  the  town  of  Moreno, 
is  a  lake  or  laguna,  which  in  time  of 
Hood  becomes  a  large  body  of  water. 
Surveys  show  that  by  throwing  on  earth 
embankment  across  a  narrow  gap  between 
two  hills  at  the  lower  extremity  of  the 
hiice  a  reservoir  may  be  formed  which  will 
contain  water  sufficient  to  irrigate  i\  large 
area  lying  at  a  lower  level  in  the  vallev. 
Into  this  reservoir  the  water  will  be  ttirned 
from  the  Alessandro  and  Whitewater 
pipe  lines  when  it  is  not  needed  lor 
irrigation,  and  thus  not  a  gallon  will  be 
allowed  to  run  to  waste  that  would  other- 
wise be  lost  during  the  non-irrigating  sea- 
son. Space  forbids  minute  description  of 
the  scheme,  but  the  outline  shows  it  to 
be  one  of  great  magnitude,  and  one  that 
reflects  the  greatest  credit  upon  the  enter- 
prise of  those  who  saw  the  situation  and 
were  quick  to  seize  it.  To  J.  \V.  Nance  or 
!  Ferris  belongs  the  credit  of  first  suggest- 
,  inir  and  setting  on  foot  the  steps  to  carry  I 
out  this  design.  It  is  expected  "that  work  j 
will  be  commenced  at  an  early  day  upon 
the  dam. 

Besides  supplying  the  Redlands  and 
Highlands  settlements  with  an  abundance 
of  water,  the  Bear  Valley  company  have 
made  arrangements  to  furnish  an  ample 
supply  to  the  Ferris  and  Alessandro  irri- 
gation districts,  comprising  together  over 
43000  acres  of  fertile  land  in  the  San 
Jacinto  valley.  These  lands,  by  the  way, 
furnish  a  marked  illustration  of  tde 
immense  increase  in  values  brought  about 
throuch  irrigation.  So  long  as  there  was 
no  prospect  that  they  would  ever  be  sup- 
plied with  water  they  could  not  be  sold  for 
as  much  as  $5  an  acre.  Just  as  soon  as  it 
was  demonstrated  that  water  could  be  put 
on  them  they  were  eagerly  bought  up  at 
$40  an  acre,  and  as  soon  as  the 
plans  were  made  for  putting  the  water  on 
the  land  thousands  of  acres  were  sold  at  i 
from  $60  to  $100.  Before  n,  drop  of  water  I 


was  actually  in  sight,  over  8000"  acres  hacTj 
been   sold   at   the   range    of    prices    men-  i 
tioned,  and   tho  value   has  been  steadily 
increasing  ever  since. 

A  more  beautiful  valley  than  the  one 
under  discussion  could  scarcely  be  fjund, 
or  one  with  a  soil  and"  climate  better 
adapted  to  a  wide  range  of  horticulture. 

The  Bei-r  Valley  Irrigation  Company  is 
the  strongest  combination  of  capitalists 
to-day  operating  in  Southern  California — 
not  even  excepting  the  railroad  companies 
that  are  haulms  the  produce  of  this  sec- 
tion to  market. 

This  seems  like  a  strong  statement,  but 
let  us  consider  a  few  facts. 

The  company  has  a  capital  stock  of  j 
$4,000,000.  Of  this  $3,000,000  are  common  | 
stock  and  $1.000,000  preferred. 

The  surplus  income  of  the  company  is 
first  used  to  pay  an  8  per  cent  dividend  on 
the  preferred  stock.  The  surplus  income 
of  the  company  after  paying  this  dividend 
is  used  to  pay  whatever  dividend  it  may 
have  on  the  common  stock. 

The  promoters  of  the  enterprise— the 
men  who  owned  the  property  prior  to  the 
formation  of  the  new  company  last  De- 
cember— had  so  much  confidence  in  the 
future  of  tho  undertaking  that  they  sold 
their  property  to  the  new  company,  taking 
their  pay— $2,400,000*— in  the  common  stock 
of  the  company,  leaving  the  preferred 
stock  to  be  taken  by  those  who  might 
prefer  to  take  the  8  percent  annual— or  4 
per  cent  semi-annual — dividends. 

As  soon  as  the  new  company  was  fairly 
on  its  feet  there  came  a  demand  for  the 
new  stock,  and  in  one  month's  time  $250,- 
000  of  the  stock  was  sold  in  the  East  at 
par,  thus  indicating  the  true  facts  of  the 
case  very  clearly,  that  the  property  was 
worth  $4,000,000.  Some  purchased  the 
preferred  stock,  while  others  preferred 
the  common  stock. 

The  property  now  owned  by  the  Bear 
Valley  Irrigation  Company  includes: 

1.  The   Bear  valley  reservoir,  with   all 
the  wnter  rights  thereto  belonging. 

2.  The  water  flowing   in    the  Santa  Ana 


Ferris  nooden  pip?  Hue. 


river  on  the  surface  at  the  mouth  of  its 
canyon,  subject  to  the  claims  of  the  north 
and  south  fork  ditches. 

3.  The  tunnel  (incomplete)    under   tho 
bed  of  the  S:inta  Ana  river,  and  the  water 
secured  thereby. 

4.  Tho  canals,  pipe  lines  and  ditches  es- 
tablished for  the  distribution  of  water  in 


the  6an  Bernardino  valle}',  and  all"  con- 
tracis  and  income,  present  and  prospect- 
ive, of  the  Bear  Valley  Land  and  Water 
Company. 

i  5.  All  the  property  and  acquired  rights 
of  Uie  Bear  Valley  and  Alessandro  Devel- 
opment Company,  including  21,000  acres 
of  land,  kucvjvn  as  C;e  Alessandro  tract, 
less  the  amounts  already  sold  therefrom, 
with  all  contracts  for  sale,  mortgage  notes 
and  income,  present  and  prospective,  of 
the  said  company. 

The    Alessandro     District. 

The  writer  some  littie  time  ago  being  in 
the  southern  part  of  the  State  and  hear- 
ing so  much  said  of  Alessandro,  its  phe- 
nomenal growth,  etc.,  was  tempted  to 
turn  aside,  visit  the  fountain  head  and 
see  for  himself  what  caused  that  place  to 
be  in  the  mind  of  and  a  prominent  sub- 
ject of  conversation  with  nearly  every  per- 
son we  met.  So  a  visit  was  paid  to  Red- 
lands,  the  headquarters  of  the  Bear  Val- 
ley Irrigation  Company,  and  some  of  the 
chief  actors  of  the  drama  were  inter- 
viewed. The  readers  of  the  CHRONICLE 
are  already  familiar  with  the  famous  Bear 
Valley  reservoir,  built  by  the  equally 
famous  engineer,  F.  E.  Brown,  and  his 
associates,  some  five  years  ago,  to  whom 
Redlands  owes  its  present  prosperity,  as, 
if  it  hud  not  been  for  them  ther«  would 
have  been  no  Bear  Valley  dam,  and  if 
there  had  been  no  Bear  Valley  dam  there 
would  have  been  no  Redlands,  as  it  is  to- 
day with  its  3000  people,  its  seven 
churches,  its  public  schools,  railroads, 
horse  cars,  telephone,  opera-house,  hotels, 
beautiful  avenues,  orange  groves,  etc.  In 
fact  the  enterprising,  beautiful  city  of 
Redlands,  the  objective  point  of  so  many 
tourists,  would  probably  never  have  been. 

It  was  through  the  efforts  of  the  same 
men  that  Alessandro  was  born.  Six 
months  ago  it  was  only  an  ordinary  child, 
a  vast  barren  plain,  covering  an  area  of 
21,000  acres,  a  tract  of  land  thirteen  miles 
in  length  by  three  to  four  in  width,  where 
nothing  but  sagebrush  and  cactus  plants 
could  grow.  Although  nature  had  done 
everything  for  it  in  location  and  natural 
scenery,  it  remained  for  the  hand  of  man 
to  bring  water  from  the  moutains  forty 
miles  away  and  cause  it  to  bud  and  blos- 
som like  tiie  rose  and  bring  forth  its  fruit 
in  due  season.  Capitalists  from  the  East, 
seeing  what  had  been  done  in  RedJaruls 
during  the  past  four  years  with  brains  and 
water,  were  ready  and  willing,  and  a  com- 
pany was  soon  formed  with  .$4,000,000  cap- 
ital to  undertake  the  project  of  reclama- 
tion. Ditches  have  been  dug,  mountains 
have  been  tunneled,  the  pipes  have  been 
laid  through  wlwcn  water  is  now  running, 
and  orange  groves,  peach  and  prune 
orchards  and  vineyards  tnat  have  sprung 
up  since  October  last  are  to-day  being  irri- 
gated at  Alessandro. 

Over  100  houses  have  been  built  and  are 
now  occupied  by  the  owners  thereof.  Some 
2500  acres  are  already  set  out  to  oranges 
ami  other  fruit,  and  thousands  of  acres  of 
yellow  grain  are  now  being  gathered.  The 
new  town  of  Moreno  has  been  laid  out, 
and  nearly  $20,000  was  realized  at  the  re- 
cent sale  of  town  lots.  Four  brick  block* 
are  nearly  completed  and  will  be  occupied 
as  soon  as  finished.  One  store  is  now  open 
and  doing  business;  two  brick  yards  are 
running  full  time;  over  fifteen  miles  o 
cement  pipe  have  been  manufactured  on 


the  grounds;  a  Congregational  Church 
has  been  built,  in  which  services  have 
been  held  for  the  past  two  months;  foun- 
tains are  to-day  playing  at  Moreno;  a  tel- 
ephone  line  is  already  up  connecting 
Alessandro  and  Moreno  with  the  corn-  ! 
pany's  headouarters  at  Redlands.  Of  the 
original  purchase  of  21,000  acres,  over  9000 
acres  have  already  been  sold,  in  nearly 
every  instance  to  actual  settlers,  whose  in- 
tentions arc  to  improve  their  lauds  at 
once. 

There  are  no  doubt  many  lovely  valleys 
in  Southern  California,  but  one  should 
see  Aless.mdro  before  deciding  on  a  place 
for  a  future  home.  It  lies  nearly  south- 
east from  Redlands,  «t  a  distance  of  eight 
miles,  over  an  elegant  road  built  by  the 
Bear  Valley  Irrigation  Company,  'at  an 
expense  of  ,$5000.  By  this  road  one  enters 
Alessandro  at  the  head  of  Redlands  boule- 
vard, near  the  mouth  of  the  main  tunnel, 
which  is  2300  feet  in  length.  The  visitor 
drives  down  this  boulevard,  which  is  120 
feet  in  width,  past  the  lands  of  the  Ales- 
sandro Orange  Grove  and  Fruit  Company, 
which  comprise  700  acres,  nearly  all  or 
which  is  planted  to  oranges  and  deciduous 
fruits,  to  Moreno,  a  distance  of  four  miles, 
where  the  driveway  intersects  with  Ales-  | 
sani.ro  boulevard,  also  120  feet  iu  width, 
running  east  and  west  the  entire  length  of 
ttie  tract,  or  thirteen  miles,  the  western 
terminus  being  only  seven  miles  from 
Riverside. 

The  California  Southern  Railroad  passes  I 
through  this  western  end,  with  two  trains  i 
each  way  daily.     There  is  a  station  at  the  • 
Alessandro  town  site,  with   a  good   hotel  ' 
now  doing  a   lair    business.     Parties    can 
bring  their  families  here   while   building 
their  homes. 

Alessandro  lies  between  Redlands  and 
Riverside,  the  two  places  celebrated 
throughout  the  United"  States  as  raising 
the  best  oranges  in  the  world.  They  will 
soon  have  to  share  this  honor  with  Aies- 
sandro,  as  the  soil,  climate  and  general  lay 
of  the  land  have  been  pronounced  oy  ex- 
perts to  be  fully  equal,  if  not  superior,  to 
either  of  the  above  places,  and  fully  as 
brilliant  a  future  is  predicted  for  this  new 
competitor  in  the  field. 


TDLABE  DISTRICT. 


AN     OKGANIZATION     WHICH     IS 
WITHOUT  A  FLAW. 


The   Bonds  Approved  by  the  Court 

and   Placed    on   a   Sure 

Foundation. 


Travelers  who  have  had  occasion  to  pass 
through  the  San  Joaquin  valley,  and  who 
have  visited  the  different  sections  of  that  j 
vast  region  need  not  be  told  that  no  more  j 
fertile  section  can  be  found  than  that  { 
which  includes  and  immediately  sur-  | 
rounds  the  city  of  Tulare.  It  is  but  a  few  ! 
years  since  this  entire  section  was  unin-  i 
habited,  uncultivated  and  apparently  des-  i 
tined  to  remain  in  that  condition  for  an  ' 
indefinite  period.  Sheep  and  cattle  found  i 
sustenance  on  the  heavy  growth  of  natujj 


Map  of  Sear  Valley  irrigating  system. 


ral  grass  which  the  winter  rains  caused 
the  fertile  soil  to  produce,  but  beyond 
that  these  waste  acres  afforded  no  return 
to  their  owners. 

A  few  years  ago  some  enterprising 
settlers  decided  that  with  water  for  iniga- 
tion  these  lands  could  be  made  produc- 
tive, and  in  the  face  of  great  opposition 
they  proceeded  to  build  canals  and  satur- 
ate the  thirsty  soil.  Their  efforts  were 
rewarded  in  a  manner  that  they  had  not 
dreamed  of.  Irrigation  proved  indeed  a 
magic  wand,  and  nowhere  in  all  the  State 
have  more  wonderful  results  been  seen 
than  here.  The  desert  has  been  converted 
into  a  garden,  and  the  choicest  fruits  ever 
seen  in  the  market  have  been  grown  here. 

As  time  went  on  it  became  evident, 
however,  that  private  enterprise  was  un- 
equal to  the  task  of  supplying  water  to 
these  vast  plains,  and  the  \Vright  Irriga- 
tion law  was  hailed  as  the  one  thing 
needed  to  enable  the  entire  valley  to  be 
settled  up.  The  matter  of  the  formation 
of  an  irrigation  district  was  discussed  for 
some  time  before  action  was  taken.  The 
law  was  but  imperfectly  understood,  an  ! 
it  took  some  time  to  educate  the  people 
up  to  the  desirability  of  co-operation  in 
this  important  matter.  The  success  of 
other  districts,  however,  finally  led  to  de- 
cisive steps  being  taken. 

A  petition  was  circulated,  and  received 


the  requisite  number  of  signatures,  and  on 
July  1,  1889,  it  was  presented  to  the  Board 
of  Supervisors. 

There  was  considerable  opposition  to 
the  organization  Irom  parties  who  claimed 
that  they  would  realize  no  benefit  Irom 
such  an  organization.  Some  claimed  that 
their  land  was  sufficiently  moist,  others 
that  tbey  had  other  water  rights,  and 
others  that  their  land  could  not  be  prop- 
erly irrigated  by  thesvstera  contemplated. 
However,  on  July  13,  1889,  the  petition 
was  granted  as  modified,  most  of  the 
objectors  being  left  out.  The  election  for 
the  organization  of  the  district  was  held 
on  August  24,  1889.  The  number  of  votes 
cast  for  and  against  was  as  follows  :jj&477 
ayes,  7  noes. 

The  following-named  directors  were 
elected:  J.  W.  Mackie,  W.  B.  Cartmill, 
A.  P.  Merritt,  J.  F.  Gribsou  and  S.  Rich- 
ardson; also,  A.  0.  Erwin,  assessor;  A. 
Fay,  collector,  and  John  A.  Goble,  treas- 
urer. The  first  meeting  of  the  board  of 
directors  was  held  and  organization 
effected  on  August  31,  1889. 

On  May  12,  1890,  the  board  of  director* 
ordered  an  election  for  bonds  to  the 
amount  of  $500,000,  to  be  held  on  June  7, 
1890.  The  election  was  held  with  the  fol- 
lowing result:  ayes,  348;  noes,  50. 

The  board  met  on  July  1,  1890,  and  or- 
dered the  issuance  ot  bonds  for  the  full 
amount  offered.  Two  hundred  thousand 
dollars  of  these  bonds  were  advartised  for 


salo  as  required  by   law   October  8,    189')-    first  board  of  directors   of  said   district   was) 
$50,000  were  purchased  by  J.    Goldman    &    elected,  be  arid  the  same  are  hereby  approved  j 

?l°;i?r^vae|nf '.n8?°AnatT  9°  ^  J^iln^   "Aiff*2tath«  ordered,  adjudged  and  de-  I 
their  face  value   and  on   January   2,    1891,    cr~ed  that  all  the  proceedings  had  by  or  under 
also  received  at   par    value    $100,000    for 
water  rights.     There  are  yet  remaining  to 
be  disposed  of  $150  000  of   the   bonds   ad- 
vertised, and  $200,000  vet  to  be   advertised 
as    soon    as    the    construction    work    de- 
mands it. 

These  bonds  are  a  lien  upon  the  lands  of 
the  entire  district  (including  the  city  of 
Tulare,  Tulare  qbunty),  comprising  about 
37,000  acres  of  the  present  assessed  value 
i  ot  $1.500,000,  or  which  means  an  actual 
!  value  of  at  least  $3,500,000  to  $4,000,000, 
and  when  the  entire  system  is  completed 
this  valuation  will  undoubtedly  be 
doubled,  perhaps  quadrupled,  by  the  im- 
provements which  will  inevitably  follow 
and  the  possibility  which  the  presence  ot 
water  implies. 

The  proceedings  for  the  formation  of 
this  irrigation  district  and  all  proceedings 
which  might  affect  the  validity  or  the  le- 
gality of  these  bonds  have  been  examined 
md  passed  upon  by  the  Superior  Court  ot 
Fulfi-'o  coir  '.y,  and  judgment  has  been 
rendered  approving  and  confirming  the 
same  in  all  respects,  as  may  be  seen  from 
the  following: 

In  the  Superior  Cour1-  of  the  county  of  Tu- 
lare, State  of  California;  in  the  matter  of  the 
Tulare  Irrigation  district;  case  No.  2329,  judg- 
ment. 

Tins  cause  came  on  regularly  lor  hearing  be- 
fore said  court  on  the  15th  day  of  September, 
1890,  the  said  board  of  directors  appearing  by 
J.  \V.  Davis  as  its  attorney  aud  A.  L.  Rhodes  as 
counsel,  no  person  having  demurred  to  or 
answered  said  petition  herein  filed  or  appeared 
in  opposition  thereto. 

Ami  it  appearing  that  said  court  on  the  llth 
day  of  August,  1890,  ordered  that  the  petition 
herein  be  set  down  for  hearing  on  the  15th  clay 
of  September,  1890,  at  the  opening  of  court  on 
that  day  at  the  courtroom  of  said  court  at  the  ! 


Entrance  to  Alcssandro  Pipe  Line  Tunnel. 


the   authority  and    direction  of    said  board  of  j 
directors,  for    the  purpose  of   the  issue  of  the  j 
bonds  of  said  district,   to  the  amount  of  five; 
hundred  thousand  dollars  ($500,000),  includ- 
ing iu  said  proceedings  the  estimate  made  by- 
aid  board  of  directors  mentioned  in  said  peti- 


,  city  of  Vlsalia,in  said  county,   and  that  the  i  tiou,  of  the  amount  of  money  necessary  to  be 
lotice,  in  the  form  j  raisod  for  the  purpose  of  constructing  th 


clerk  of  this  court  cause  a  n 


j.  raised  for  the  purpose  of 


the  iiee- 


of  the  filing  of  WMd  petition  ;' essarv  canals  and  works,  and  acquiring  the 
to  be  given  and  published  in  the  manner  pre-  !  necessary  property  therefor,  and  otherwise  car- 
scribed  by  law;  and  it  further  appearing  that  r  rying  out  the  provisions  of  the  said  act  under 
said  notice  has  been  duly  given  aud  published  j  whi(ih  said  district  was  organized;  and  inc;ud- 

ime  and  in  the  manner  prescribed  by     ino- in  said  proceedings  the  election  mentioned 
law  and  pursuant  to  said  order,  to  wit:   by  the     in   said  petition,  which  was  called  aud  held 

ion  of  said  notice  once  a  week  for  three 
successive  weeks  before  stiid   15th  dav  of  Sep- 
tember, 1890,  in  the   WecMy  Tulare  Register,  a 
newspaper  published  in  tiie  city  of  Tu'Jare,  in 
said  county— the  office  of  said  board  of  directors 
being  required  to   be  kept,    and  having  ever 
since   the  organization  of  said    district  been 
kepr,  in  suid  county— and  also  by  the  posting  of  {  „»„.„„,. 
such  notices  for  at  least  twenty  days  before  the  <  2x!~  ;  x* 
said  15th  day  of   September.  1890,    in  three  !  ?£™£? 


upon  the  question  whether  the  bonds  of  said  i 
district,  in  the  amount  aforesaid,  should  be 
issued;  and  also  including  iu  said  proceedings 
the  order  of  said  board  of  directors  that  the 
bonds  of  said  district,  in  said  amount,  be  issued 

by  said  board  in  the  manner  and  form  pra-  I 
said  act,  and    also  including  the 


public  places  "in  each  of  the  election  precincts  !  atta 


of  said  district. 


s,  and  the  coupons  thereto 
and   the   same  are  hereby    ap- 
,  proved  and  confirmed. 


And  this  cause  having  been  tried  on  said 
15th   day    of  September,  1890,  by  the  court 
without  a  jury,   and  the  testimony,  both  oral 
aud  documentary,  having  been  heard,  and  the  : 
same   having  been  submitted  to  the  court  for 
decision,  aud  the  court  having  made  and  filed 
its  findings  of  fact  mid  conclusions  of  law  and 
its  order  of  confirmation,  and    ordered    thai, 
judgment  be  entered  iu  accordance   therewith 
in  favor  of  said  petitioners; 

Wherefore,  by  reason  of  the  law  and  findings 
and  orders  aforesaid,   it  is  ordered,  au.i 
and  decreed  that  the  said    Tulare  Irri 
district  was  duly  organized  by  and  under  the 
direction   of  the  Board   of  Supervisors  of  said  ; 
county  on  or  about  the  SM  dav  of  September, 

1889;   that  the  first  board  of  directors  of  said     true  and  correct  copy  of   the  original   decree 
irrigation  district  was  duly  ek>  !|d  judgment  ot  record   and  on   file   in  my 

all  the  proceedings  o  i  Super-    oflice  ^Jj,®  faj°h^j ^preun'to  set'  my  hand  , 

SS  dfstrict*  was'r  the  15d  ',  and  affixed  the  seal  of  the  above-named  court  j 


it  is  further  ordered,  adjudged  and  de- 
been  and  now  is  a  duly  and  legally  organized 
irrigation  district,  and  that  it  possesses  full 
power  and  authority  to  issue  and  sell,  from 
time  to  time,  the  bonds  of  said  district  to  the 
amount  of  five  hundred  thousand  dollars 
($500,000),  and  it  is  ordered  that  said  peti- 
tioner pay  the  cost  of  this  proceedings. 

W.  W.  CROSS,  Judge. 

Decree  entered  this  15th  day  of  September, 
1890. 

Attest:    JOHN  G.  KNOX,  Clerk. 

By  T.  W.  HOLDER,  Deputy  Clerk. 

I  hereby  certify  the  foregoing  to  be  a  full,. 


this  24th  day  of  September,  1890. 

JOHN  G.  KNOX,  Clerk. 

By  T.  W.  HOLDER,  Deputy  Clerk. 

The  proceedings  for  the  formation  of 
the  district,  the  issuance  and  sale  of 
bonds,  have  been  thus  examined,  ap- 
proved and  confirmed  by  the  court.  The 
time  for  appeal  has  expired,  no  appeal  has 
been  taken,  and  the  decree  of  the  court 
quoted  above  has  thus  become  final.  The 
status  of  the  bonds  is  thus  irrevocably 
fixed,  and  as  an  investment  they  certainly 
cannot  be  improved  upon. 

The  present  financial  status  of  the  dis- 
trict is  good;  it  is  on  a  solid  basis.  In- 
cluded within  the  boundaries  of  the  dis- 
trict are  36,719  acres  of  land,  the  city  of 
Tul are  being  also  within  the  limits.  For 
1890-91  the  assessed  valuation  of  the  dis- 
trict was  $1,468,153.  The  actual  cash 
value  of  the  real  estale  is  over  $3,500,000, 
and  there  are  at  present  1100  names  on 
the  assessment  roll. 

After  the  necessary  legal  formalities  had 
been  complied  with  the  next  step  was  the 
commencement  of  actual  work  on  the 
canal  system,  by  which  water  was  to  be 
diverted  irom  the  Kaweah  river,  the  source 
ot  supply  that  had  been  chosen. 

Work  was  commenced  on  the  main 
canal  March  1,  1891,  and  there  are  now 
3%  miles  completed.  The  material  en- 
countered in  building  the  canal  consisted 
of  earth,  hardpan  and  solid  rock.  The 
completed  work  was  done  in  one  con- 
tract divided  into  three  sections,  as  fol- 
lows: Section  1,  composed  of  eartn  and 
hardpan;  section  2,  composed  of  earth, 
hardpao.  and  solid  rock;  section  3,  com- 
posed principally  of  earth.  Twenty  thou- 
sand cubic  yards  of  hardpan  were  removed 
from  sections  1  and  2,  9300  cubic  yards  of 
solid  rock  were  removed  from  section  2 
and  40,000  cubic  yards  of  earth  were  re- 
moved from  section  3.  In  the  three  sec- 
tion's there  were  removed  118,000  cubic 
yards  of  earth,  9300  cubic  yards  of  rock 
and  20,000  cubic  yards  of  hardpan,  mak- 
ing altogether  147,300  cubic  yards  of  mate-, 
rial  removed  in  bulletins  3%  miles  of  the 
main  canal  at  a  cost  of  $30,000.  The  hard- 
pan  required  blasting,  but  afterward  scrap 
ers  and  plows  were  used  to  complete 
the  work.  In  taking  out  the  9300  cubic 
yards  of  solid  rock  the  work  was  very 
lv:>.rd  and  expensive,  $1  a  cubic  yard  being 
tho  prico  paid. 

The  main  canal  will  have  a  capacity  of 
500  cubic  Ieet  of  water  per  second,  or  more 
than  sufficient  for  the  Entire  area  of  the 
district.  The  portion  now  completed  is 
64  feet  wide  on  the  bottom  and  84  feet  on 
top,  with  an  average  depth  of  6  feet,  Ihe 
average  fall  of  the  canal  per  mile  is  1^ 
feet  "The  side  slopes  of  the  banks  are 
one-half  to  1  and  2  to  1,  and  they  are 
neatly  trimmed.  In  fact  the  entire  work 
done  is  the  personificati  m  of  neatness. 
The  maximum  grade  is 3  feet  per  mile  and 
the  minimum  1  foot  per  mile.  Numerous 
check  weirs  are  required  in  order  to  regu- 
late the  velocity,  so  as  to  prevent  too  great 
an  erosion  of  the  blinks.  There  have  been 
five  miles  of  canal  built  in  the  district,  all 
earth  ex.  avation,  no  other  material  hav- 
in"  been  encountered.  One  hundred 
thousand  cubic  yards  of  earth  have  been 
removed  at  an  expense  of  $8000. 

Two  bridges  carrying  flumes,  as  shown 
in  the  accompanying  illustration,  have 
been  built.  Tho *  one  across  St.  John's 


river  consists  of  two  spans,  90  feet  eacli, 
altogether  450  feet  of  trostle  and  bridge,  to 
curry  Hume,  including  250  feet  of  ap- 
proaches. This  bridge  is  built  of  iron  and 
wood  in  combination  resting  on  cylin- 
drical piers  of  iron  filled  with  concrete. 
There  are  six  of  these  piers  under  the 
bridge  supporting  the  flume  that  have  a 
diameter  ot  three  feet  each.  The  two  on 
the  north  bank  stand  on  a  solid  rock  foun- 
dation. The  two  in  the  middle  stand  on 
a  foundation  made  of  piles  driven  as  far 
down  in  the  bed  of  the  channel  as  possi- 
ble. The  other  two  have  hardpan  foun-  j 
dations  and  are  so  protected  with  piles  | 
and  rock  that  they  cannoc  be  disturbed  by  : 
high  w«ter  or  floating  debris.  The  flume 
is  lined  with  dressed  redwood  lumber  and 
is  9  ieet  wide  and  4%  feet  deep.  The  en- 
tire structure  is  substantially  built. 

The  brulge  across  the  Kaweah  river  is  a 
pile  bridge  352  ieet  long,  carrying  a  flume 
which  is'lO}^  feet  Wide  and  4)^  feet  deep, 
and  built  similarly  to  the  other  one.  The 
bridges,  flumes,  head  gates,  two  drops  and 
sluice  gate  were  built  at  an  expense  of 
$13,000.  The  bridge  work  reflects  great 
credit  on  the  builders,  the  San  Francisco 
Bridge  Company,  and  on  the  engineer  in 
charge,  George  E.  Field. 

Eight  and  one-half  miles  of  main  canal 
remain  to  be  built  to  complete  the  system 
to  the  district.  It  will  be  all  valley  work 
and  will  be  excavated  at  a  minimum  cost.  \ 
This  makes  the  entire  length  of  main  ' 
canal  11%  miles.  There  will  be  no  dam 
in  the  river,  as  it  is  not  necessary.  The  j 
river  will  be  tapped  by  the  canal  at  a  point  j 
where  the  canal  bed  is  lower  than  the  bed 
of  the  river.  This  will  effect  the  saving 
of  a  great  item  of  expense.  A  head  gate 
built  of  timber  10  feet  high  and  60  Ieet 
wide  will  be  built  in  the  canal  100  ieet 
down  from  the  mouth.  This  gate  will 
govern  the  flow  of  water.  There  will  also 
be  a  sluice  gate  built  one-quarter  of  a  mile 
below  the  headgate  to  carry  off  the  sand 
which  may  accumulate  in  the  canal. 
There  will  be  seven  lateral  canals,  varying 
in  width  from  10  to  40  feet,  covering  a'clis- 
tance  of  40  miles  and  carrying  water  to  all 
parts  of  the  district. 

A  storage  reservoir  will  be  located  near 
the  head  of  the  main  canal,  at  Paige's 
ranch,  having  a  depth  of  twenty-five  feet 
at.  its  lowest  part  and  an  area  at.  the  sur- 
face of  the  water  of  880  acres.  Ii  will  con- 
tain 576,000,000  cubic  feet  of  water.  At 
twenty-seven  Ieet  in  depth  it  will  contain 
over  635, 000, 000  cubic  feet.  The  reservoir 
will  be  less  than  a  half-mile  from  the 
river  and  only  a  short  distance  from  Che  j 
main  canal.  It  is  a  natural  basin,  and  an-  i 
other  such  site  would  be  difficult  to  find,  j 
A  separate  canal  will  be  constructed  to  ' 
carry  the  water  from  the  Kaweah  river  to 
the  reservoir,  and  it  will  be  built  similarly 
to  the  main  canal  with  headgate  and  will 
run  through  a  smooth  country  which  will  .. 
minimize  the  cost.  A  small  dam  will  be 
built  at  the  head  ol  trie  reservoir  co  pre- 
vent the  back  flow  of  water,  but  this  dam 
will  be  so  located  that  it  will  have  to 
maintain  but  little  pressure  of  water.  At 
the  outlet  of  the  reservoir  a  cut  twenty  to 
twenty-five  feet  through  a  ridge  or  hill  oi 
solid  rock  will  have  to  be  made,  thereby 
necessitating  but  a  small  expense  for  a 
dam.  Almost  the  entire  pressure  of  water, 
when  the  reservoir  is  full,  will  be  against 
lofty  mountain  sides,  solid  as  the  eternal 


Dam  of  Modesto  and  Tulare  districts. 


. 
hills  themselves. 

The  entire  cost  of  the  work  done  so  tar 
is  $47,600.  The  probable  cost  to  complete 
the  entire  svstern,  including  the  storage 
reservoir,  will  be  $350,000.  It  is  hoped 
that  the  system  will  be  completed  within 
six  or  eight  months,  and  that  water  will 
be  distributed  throughout  the  district 
next  year.  This  is  a  very  feasible  project 
as  far  as  expense  is  concerned  when  com 
pared  with  che  work  and  difficulties  other 
districts  Have  encountered. 

All  of  the  constructed  work  has  been 
done  in  three  montb?.  This  is  very  quick  ! 
work,  when  all  the  difficulties  attending' 
it  are  considered,  and  reflects  credit  on  the 
constructing  force  under  the  personal 
supervision  of  J.  A.  Graham,  chief  en- 
gineer; C.  H.' Congdon,  construction  en- 
gineer- S.  8.  Watson,  contractor,  and  C. 
P.  Randolph,  superintendent  of  construc- 
tion. The  directors  of  the  district  are:  J. 
W.  Mackie.  president;  W.  B.  Cartmill, 
A.  P.  Merritt,  J.  F.  Gibson,  E.  DeWitt, 
E.  Oakibrd,  secretary. 

The  district  has  been  remarkably  fortu- 
nate in  not  meeting  with  any  serious 
hindrances.  About  the  only  difficulties 
so  far  encountered  have  been  securing 
ritrhts  of  way  without  condemnation  suits.  . 
£  rora  $50  to  $150  an  acre  has  been  asked 
for  right  of  way  by  landowners  outside  o 
the  district.  So  far  the  board  has  nob  had 
to  pay  for  any  rights  of  way  to  landown- 
ers in  the  district. 

It  must  not  be  understood  that  the  ter- 
ritory embraced  within  Tulare  Irrigation 
district  is  a  desert  waste  and  will  remain 
in  that  condition  pending  the  perfection 
of  its  system  of  irrigation.  Irrigation  has 
been  extensively  employed  within  the  dis- 
trict for  a  number  ot  years,  with  the  re- 
suit  that  there  are  now  many  orchard 
and  vineyards  as  thrifty  as  may  be  found 
in  the  State.  But  the  water  supply  has 
been  uncertain  and  landowners  have  not 
planted  and  improved  as  tney  will  when  | 
greater  certainty  of  water  is  secured. 


The  consummation  ot  the  plans  of  the 
district  will  niake  assurance  of  water  ab- 
solute and  will  stimulate  the  creation  of 
wealth  as  nothing  else  can.  Indeed,  the 
mere  fact  of  formation  of  the  district  has 
imparted  so  much  courage  to  property- 
owners  that  above  6000  acres  contiguous  to 
Tulare  have  been  set  to  trees  and  vines 
since  the  work  of  organization  began. 
With  less  than  5  per  cent  of  poor 
land  in  the  district  there  is  practi- 
cally no  limit  to  progress,  for  nlmr»«f  «~.r 
product  which  may  be  grown  eisewner 
with  profit  will  find  a  congenial  home  1:1 
the  deep  alluvial  soil  of  Tulare  Irrigation 
district.  _  

EAST  RIVERSIDE.  1 

THE  WONDERS  WORKED  BY  THE 
APPLICATION  OF  WATER. 


A  District  Whose  Foundation  Cannot 

Be    Excelled    in    Any 

Particular. 


As  the  CHRONICLE  has  always  told  us, the 
prosperity  of  large  portions   of  California: 
depends  on  the  development  of  irrigating  ; 
water.     Water    is      the   Aladdin's    lamp 
which  will  by    its    magic    presence  cause 
stately  palaces  to  rise  from  barren  ground.  ; 
Costly  palaces  and  rose-clad  cottages   will  ! 
replace  the  sagebrush  and  cactus  only  be-  i 
cause  the  water  will  make  the  conditions  f 
of  such  elegant  life    possible.     Given   the 
rich,  red  soil  and  the  stimulating  sunshine, 
and  then  by  adding    the    sparkling,    life- 


giving  water  you  have  the  three  graces, 
who  will  superintend  the  transforming  of 
the  desert  into  the  garden  that  blossoms 
as  the  rose.  The  contrast  between  the 
sunburnt  mesa  and  the  dark,  irlossy,  in- 
cense-breathing orange  grove  is  like  that 
between  Tartarus  and  Paradise ;  and  yet 
this  contrast  may  he  seen  any  day  at 
Riverside.  The  two  tracts  are  separated 
only  by  a  gleaming  strip  of  water  ten  or 
twenty  feet  wide. 

To  "bring  about  this  glorious  change 
from  utter  barrenness  to  deepest  veraure 
is  the  object  of  the  corporation  known  as 
the  East  Riverside  irrigation  district. 
This  association  of  property-holders,  rep- 
resenting some  3000  acres  of  land  adjoin- 
ing Riverside  on  the  east,  was  formed  un- 
der the  provisions  of  the  Wright  act  last 
winter  for  the  purpose  of  putting  water 
upon  the  tract.  The  officers  of  the  dis- 
trict are:  H.  W.  Robinson,  president  of 
thw  board  of  directors;  J.  A.  Van  Arsdale, 
secretary;  F.  C.  Finckle,  chief  engineer; 
Hurgraves  &  Bledsoe,  attorneys.  The  di- 
rectors are:  A.  J.  Rankin,  first  division; 
\V.  11.  McCulley,  second;  G.  W.  Page, 


Finishing  the  Alessandro  pipe  line. 


third;   John   C.   Dickson,   fourth;   H.  W. 
Robinson,  fifth. 

It  did  not  take  long  for  the  wide-awake  j 
men  at  the  head  of  this  enterprise  to  find  : 
where  their  water  was  to  come  from.  ; 
Some  five  miles  northwest  of  Coiton  and  : 

'  eight  from  the  highest  corner  of  the  tract  | 
lies  a  body  of  damp  land   full   of  springs,  j 
This  is  one  of  the  outlets   of  the  vast  sub- 1 
terraneaii  reservoir  which  collects   at    the 
foot   of   the    lofty    range   separating   San 
Bernardino   valley   from   the   desert.     At 
this   point   by   bearing   wells  a  permanent 
supply  ot  artesian  water  is  obtained.     The 
district  has  purchased  from    Messrs.    Gar- 
ner   and    McKenzie   sixty   acres   of  these 
lands  for  the  Bum  of  $30,000.    One  well 
has  already  been  sunk  which  flows  thres 
feet  above  the  surface  of  the  ground   at  a 
depth  of  250  feet. 

Several  years  ago  a  complete  and  costly 
water  system,  consisting  of  pipe  line  and 
cemented  canal,  was  constructed  to  and 
over  a  large  portion  of  the  territory  of  tlja 

<  East  Riverside  irrigation  district.  It  ws4 
known  as  the  Vivier.de  system,  and  covers 
2000  acres  of  the  lands  above  the  Gage 
canal.  Owing  to  litigation  about  water 
rights  the  plant  has  never  been  used,  and 
a  short  time  ago  the  whole  property  was 
sold  to  the  new  district  for  $100,000,  the 


owners  of  the  Vivicnde  taking  their  pay 
in  bonds  of  the  district  at  par.  Included 
in  the  bargain  was  the  use  of  150  inches  of 
water  for  the  present  year,  which  was  im- 
mediately turned  in  and  is  now  flowing 
through  the  tract.  The  district  by  this 
gains  a  great  point,  as  it  gives  them  an- 
other year  in  which  to  develop  their  own 
supply  of  600  inches,  and  at  the  same  time 
enables  them  to  sell,  and  the  purchaser^ 
to  improve  their  lands  at  once. 

To  complete  the  water  system  for  the 
whole  tract  the  Viviende  pipe  will  be 
lengthened  somewhat  avt  both  ends,  con- 
necting at  the  head  with  their  wells  and 
being  continued  above  the  present  dis- 
charging reservoir  to  the  highest  point  on 
the  lands  of  the  district,  which  is  1225  feet 
above  sea  level. 

Those  who  are  skeptical  about  the  feasi- 
bility of  bringing  water  upon  these  up- 
lands from  sources  many  miles  distant 
should  stand  where  your  correspondent 
stood  the  other  morning,  on  the  rim  of 
the  reservoir  which  receives  its  crystal 
waters  from  the  capacious  throat  of  the 
big  pipe  and  discharges  it  into  the  cement 
ditch  which  conveys  it  without  loss  to  tha 
thirsty  lands  below.  The  scene  was  in- 
spiring. It  was  a  tvpical  California  morn- 
ing. The  blue  sky  was  flecked  with  fleecy 
clouds  and  Irom  our  lofty  standpoint  there 
were  distinctly  visible  the  valleys  of  far- 
famed  Riverside,  East,  South  and  West 
Riverside,  also  Coiton,  Rial  to,  Highlands 
and  Mound  City,  the  intervening  hills 
cutting  off  the  view  of  Redlands  on  the 
east  and  Pomona  on  the  west. 

Now  is  it  not  strange  and  interesting 
that  by  American  enterprise  and  skill 
sixty  acres  ot  land  so  wet  as  to  be  worth- 
less should  be  forced  to  yield  its  moisture 
to  oOOO  acres  of  land  so  dry  as  to  be  worth- 
less, raising  the  value  of  the  small  tract 
from  nothing  to  $oO,000,  and  that  of  the 
large  tract  from  nothing  to  $1,000,000  I  It 
is  true  that  it  will  cost  $150,000,  and  per- 
haps $200,000  to  work  this  marvel,  but  the 
immediate  rise  in  value  will  closely  ap- 
proach a  million,  and  the  resulting  in- 
crease will  be  far  more  than  another 
million  in  the  ten  years,  measured  by 
what  has  been  done  on  the  Riverside  plain 
already. 

By  the  couitesy  of  President  Robinson, 
to  whose  business  foresight  and  indomit- 
able energy  the  success  of  this  great  enter- 
prise is  largely  due,  your  correspondent 
was  lately  driven  over  the  improvements 
now  rapidly  taking  sliape  under  this  new 
canal.  A  handsome  office  is  being  fin- 
ished off  for  the  district's  use,  situated 
close  to  both  the  motor  and  Santa  Fe 
Railroad  Hues  in  East  Riverside.  It 
stands  in  the  district,  its  location  being  in 
section  6,  township  south,  range  4  west, 
San  Bernardino  meridian. 

Mr.  Lyon,  a  Canadian  gentleman,  is 
making  the  largest  improvements  thus 
far.  lie  has  built  a  large  house  for  hi« 
men,  of  whom  he  has  twenty  constantly 
employed.  He  is  preparing  the  ground 
for  planting  sixty  acres  of  orange  tress. 
Mr.  Lyon  will  expend  some  $35,000  this 
season  on  his  pl^.ce.  Mr.  Hartwell  has  a> 
forty-acre  orchard  already  planted,  flumes 
built  and  all  in  ship-shape.  Messrs.  Kirk, 
Wilson,  Butler,  Rankin  and  others  have 
tasty  homes  and  thrifty  young  groves, 
past  which  in  silvery  streams  the  iiying 
water  shoots  and  leaps  and  dances  as  it 


gladly  sings  Its  way  across  these  favored 
lands.  To  show  the  high  estimation  'n, 
which  these  new  lands  are  held,  I  need 


bonds,  thus  bringing  the  total  price  well 
up  toward  $400.  And  they  are  worth  it. 
Finer  soil  or  location  never  "lay  out 
doors."  The  view  commands  the  entire 
valley  from  range  to  range-  the  kind  of 


Your  Chamber  of  Commerce  says  irri* 
gation  bonds  are  a  good  investment,  pro- 
vided the  law  is  complied  with  and  the 
lands  are  of  eood  quality.  This  makes  the 
bonds  of  this  district  tirst-class,.  because 
the  land  is  in  the  same  lamous  belt  in 
which  Riverside  lies,  ana  is  of  the  same 
quality.  It  is  admirably  adapted  to  grow- 
ing  fine  oranges,  a  business  which  pays  an 
interest  of  lu  or  15. per  cent  on  a  value  of 
$2500;per  acre.  This  is  tne  figure  recently 
paid  lor  the  ten-acre  grove  of  B.  F.  Allen, 
situated  some  two  miles  from  the  East 
Riverside  district  line']. 

Owing  to  the  elevation,  1100  to  1200  feet 
above  the  sea,  these  lands  are  even  better 
than  those  of  Old  Riverside,  because  they 
are  freer  from  frost. 

The  pipe  line  was  built  by  Mr.  Finckle, 
an  engineer  of  tried  skill  and  iirat-rr*- 
ability.  It  consists  of  about  five  miles 
kwenty-four-inch  steel  pipe,  tested  to  re- 
sist a  pressure  lour  times  as  great  as  will 
ever  be  imposed  upon  it.  The  pipe  is  car- 
ried across  the  Santa  Ana  river  under  the 
track  of  the  motor  trestle;  also  across 
a  deep  arroyo  by  following  tne  con- 
tour of  the  ground.  The  rest  of  the  lins 


this  is  a  district  which  was  not  organised 
j-or  speculative  purposes.  It  is  almost 
tuirtv_five  years  since  the  colony  of  Ana- 

s- 

Jong  sine*    been  conceded  the  proud  title 

of  the    mother    of    the   colony  system  of 

California.     Here  may  be  found  the  very 

acme  of  what  irrigatiftn  performs  in  the 

increase  of  land  values.  Boa-lit  originally 

%    the    trifling    Bum    o^2  an  acre,  tha 

original   colony   lands    of    Anaheim    can 

scarcely  be  purchased  now  for  a  thousand 

times    as    much.       Fortunes    have    been 

reaijzed   here   from  no  more  than  twenty 

of  land   coupied  with  diligence  ami 

abundant  supply  ol  water,    and   for- 

g  are  yet  to  £Q  ^alized  under  the  new 

der  ot  *tningg     bv   wnich   water  will  be 

lurnished  to  thousands  of  acres  of  hitherto 

"drylands" 

while  the  old  irrigation  system  of  Ann- 
heim  faas  beeu  produclive  fn  more  wealth 
.th(m  Qne  caR  cred|t>  yet  it  became  evi- 
deat  to  the  emerpn-m^,  progressive 
p  ie  that  under  tne  5ystem  esta  Wished 
fcy  the  Bright  law  it  was  capable  of  .vast 
e^tension>  Examination  showed  that 
water  could  be  had  sufficient  to  irri-nt.^, 
resent  area,  and  it  was 
Mffiif^ed  was  the 
all  parties  interested  in 
the  population  and 

i  dltfct 

i  1889  agitation  upon  the  sub- 
'  into   the  organization  of 


they  will  A 


and  vineyards  of  the  new-found  paradise. 
Those  who  are  looking  for  homes  in  the 
snnnv  South  and  who  wish  to  begin  the 
charniing  process  of  converting  $300  land 
into  $3000  orchards  had  better  come  and 
look  over  these  precious  acres  at  once. 

;  J-  H-  B- 

ANAHEIM  DISTRICT. 


THE  MOTHER  OP  THE 

SYSTEM  OP  CALIFORKU. 


^ 


J^Sing^at  the  proceedings^  of  said 
toard  in  proVidioig  for  aad  authorizing  the  is- 
iue  and  sale  of  the  bonds  of  said  district  be 
examined,  approved  and  confirmed  by  tms 


and   J.S  Scar  bo'rou^h  ap- 
faring   for   the  petitioners,  and  De  Valle^A 

1830,  and"  on     the     last-named     day     said 
duly  and  regularly   came   on  in  opon 


A  Munificent  Showing  in  Support 
of  Bonrts-Araple  Security  for 

Their  Fuymeilt. 


If  there  is  any  one  district  in  the  State 
'  which  has  a  right  to  be  proud  of  the  show- 
ing which  it  makes,  no  matter  from  what 
standpoint  the  comparison  be  made,  it  is 
Anaheim.     It  need    scarcely   be  said  thai 


submitted  to 

tSpHfSjp  and  evidence  so  taken  ana  in- 
troduced as  aforesaid,  and  duly  considered  the 
same,  aud  being  fully  advised  m  the 
premises,  and  it  appearing  to  the  satis-  » 
laotion  of  the  court  that  the  board 
of  directors  of  the  Anaheim  irrigation 
district  duly  filed  in  this  court  a  petition  uuclei 
and  in  pursuance  with  the  provisions  of  an  act 
of  the  Legislature  of  this  State,  approved  March 
30  1^9  entitled  "An  act  supplemental  to  an  | 


iact  entitled  'An  act  to  provide  for  the  organ- 
ization and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  of  water  and 
other  properly,  and  for  the  distribution  of 
•water  thereby  for  irrigation  purposes,'  ap- 
proved March  7,  1887,  and  to  provide  for  the 
examination,  approval  and  confirmation  or 
proceedings  for  the  issue  and  sale  of  bonds  is- 
sued under  the  provisions  of  said  act." 

That  said  petition,  among  other  things, 
stated  the  facts  showing  the  proceedings  had 
for  the  issue  and  s^ale  of  the  bonds  of  said  dis- 
trict, and  stated  generally  that  the  said  irriga- 
tion district  was  duly  organized  and  that  the 
first  board  of  directors  thereof  was  duly 
elected,  and  that  thereupon  this  court  fixed  a 


further  proceedings  Jmve  oeen  uiuen  tnerei n. 

Section  6  of  the  act  of  the  Legislature  of  this 
State,  approved  March  15,  1889,  last  above 
mentioned,  reads  as  follows: 

.  6.  An  appeal  from  an  order  granting  or 
refusing  a  new  trial,  or  fro'm  the  judgment, 
must  be  taken  by  the  party  aggrieved  within 
ten  days  after  the  entry  of  such  order  or  judg- 
ment." 

It  will  be  observed,  therefore,  that  the  find- 
ings and  decree  above  mentioned  became  final 
on  the  lUth  day  of  June,  1890. 

There  are  several  decisions  of  the  Supreme 
Court  of  this  State  bearing  upon  the  various 
questions  arising  under  the  foregoing  acts, 
among  them  being  that  of  Irr.  Dist.  vs.  De 


time  for  the  hearing  of  said  petition,  to-wit,  j  Lappe,  79  Id.  352,  where  the  entire  act  is  cou- 


Monday,  the  -1th  day  of  March,  1890,  at  10 
M.  of  that  day,  and  ordered  that  the  clerk  of 
this  court  give  and  publish  a  notice  of  the 
filing  of  said  petition. 

And  further  appearing 
©lerk  of  this  court  did 
notice  of  the  filing  of  said  petition  in  the  man- 
ner and  for  the  time  prescribed  by  such  order 
.and  by  the  statutes  in  such  case  made  and  pro- 
vided, and  that  said  notice  stated  the  time  and 
place  fixed  for  the  hearing  of  said  petition  and 
the  prayer  of  said  petition,  and  that  any  p  >r- 


sidered    and    sustained.      This    last    decision 
covers  almost  every  point  which  can  properly 
he  provisions  of 


is  such    a 


owi 
difference 


fact  that  there 
the  value  o£  the 


laiid  situated  therein,  occasioned  by  the 
presence  or  absence  of  facilities  ior  irriga- 
tion, much  of  which  will  be  obviated 
When  the  system  of  irrigation  now  under 


the   organization  of  said  i  wnen  ine  system  01  i  rngation  now  under 
roceedines   for  the   issue    consideration  by    the    board   of  directors 


eons   interested   in 

district  or  in  the  proceedings   for  the   issue 

or     sale     of     the     bonds     of     said    district    shall  have  been  perfected.     The  real  prop- 

might,    on    or    before     the     day     fixed    for  ?erty  alone  is  subject  to  assessment  for  the 

the     hearing     of     eaid      petition,      demur  j  payment  of  these  bonds.     This  comprises 


f    <?<*>aes  within 

this  application  ha  been  given  as  required  by  ltu8  boundaries  the  city  of  Anaheim  and 
law,  and  this  court  having  examined  all  the  -the  nourishing  viiJage  of  i  ullerton.  ihere 
proceedings  which  have  been  taken  in  the  or-  are  upward  oi  3000  inhabitants  now  with- 


ganization  of  said   district   and  in  providing 

for  and  authorizing  the  issue  and  sale  of  the 

bonds  of  said  district,  and  it  appearing  there-    ji  1     rphvi-i 

from  to  the  satisfaction  of  this  court  that  said  •  "A 

district  was   duly  and  legally  organized,  and 

that  it  has  duly  and   legally  provided  for  and 

authorized  the  issue  and  sale  of  the  bonds  of 

said     district      to      the      amount      of     six 

hundred    thousand     dollars    (8600,000),    for 


ing  the  necessary  property  and  rights  therefor, 
and  ot  erwise  to  carry  out  the  provisions  of  an 
actof  the  Legislature  of  the  State  of  California, 
approved  March  7,  1887,  entitled  "An  act  to 
provide  for  the  organization  and  government 


in  the  district.    The  real  property  was  as- 
sessed upon   the    last    assessment  roll   at 
was    considered   at  the 
lime  to  be  33  per  cent  of  its- real  value. 

About  50  per  cent  thereof  is  now  im- 
proved, and' exclusive  of  the  city  of  Ana- 
heim and  village  of  Fullerton  is  chiefly 
devoted  to  raising  oranges,  walnuts,  apri-  ! 

to  $750  per  acre.  The  greater  portion  of 
the  unimproved  will  be  equally  suscepti- 
ble of  improvement  upon  the  adoption 
and  completion  of  the  system  of  irrigation 
now  determined  upon  by  the  board  of  di-  1 


zya^  W^.&'-SSHB  ai;s « "^^sg^vyzzj*  EZ 


for  the  distribution  oi  water  thereby  for  Irriga- 
tion purposes,"  and  furtner  appearing  to  the 
satisfaction  oi  this  court  that  the  issue  of  said 
bonds  by  said  district  has  been  duly  and  regu- 
larly improved  by  a  vote  of  the  qualified 
electois  oi  said  district  at  an  election  held  for 
that  pui  pose,  in  conformity  with  the  statutes 
.in  such  case  made  and  provided,  and  further 
appearing  to  the  satisfaction  of  this  court  that 
every  act  required  by  law  in  the  organization 
of  said  district  and  in  providing  for  and  author- 


ent  embraced  within  its  boundaries  twan-  j 
ty-eight  miles  of   main    ditches   and  sev-  j 
eaty-two  miles  of  distributive  ditches,  all 
of  which  it,  is  proposed    to  condemn   and  I 
acquire  under  the  provisions   of  said   act 
by  means  oi  the  funds  derived  from  the 
Bale  of  these  bonds. 

The  latest  step  in  the  operation  of  the 
district  was  taken  on  April  18'th,  when  the 
stockholders  of  the  Anaheim  Union 


mug  the  issue  and  sale  of  such  bonds  has  been  i  Water   Company    adopted    the  following 

^^^^^ 


3en  taken  in  conformity  with  law,  and  this 
court  having  duly  made  and  filed  herein  its 
findings  of  fact  and  conclusions  of  law  thereon 
and  ordered  that  a  judgment  and  decree  be  en- 
tered herein  in  accordance  therewith, 

Now,  therefore,  by  reaso"ii  of  the  law  in  the 
premises  and  the  findings  of  fact  and  conclu- 
sions of  law  as  aforesaid,  it  is  hereby  ordered, 


WHEREAS,   At   a   meeting  of   the  board  of 
directors  of  the  Anaheim  Union  Water  Com- 
pany, held  on  April  18,  1891,  the  following 
resolution  was  duty  adopted  as  a  basis  of  settle- 
ment, to  wit:    "That  when  the  Anaheim  irri- 
gation district  shall  have  expended  the  sum  of 
$100,000  in  improvements  in  accordance  with 
„„_»..«.,„...  .... -»v,.~,,.~v.,  *„  ^  --»»«.,  x,.^w*w».    the  plans  of  the  engineer,  now  on  file,  then  the 

adjudged  and  decreed  by  the  court  that  all  of  Anaheim  Union  Water  Company  will  accept 
the  proceedings  for  the  organization  of  said  $150,000  in  cash,  or  its  equivalent  in  bonds, 
Anaheim  irrigation  district  and  of  the  board  subject  to  the  approval  of  the  stockholders, 
of  directors  thereof,  and  all  the  proceedings  of  provided  the  Anaheim  irrigation  district  pro- 
fcaid  district  providing  for  and  authorizing  the 
issue  and  sale  of  bonds  of  said  district  be,  and 


ceed  to  carry  out  this  agreement  within  one 
rear  from  the  date  of  ratification  by  the  stock- 
holders;"  and,  whereas,  we  deem  it  for  the 


they  are,  hereby  approved  and  confirmed. 

Done  in  open  court  this  18th  day  of  Aoril,    best   interests   of   the   said   Anaheim   Union 
41890.  J.  W.  TOWNER,         .Water   Company   that       e    proposal    in  said 

•     Judge  of  the  Superior  Court. 
Thereafter,  on  June  5,  1890,  a  motion   for  a 
new  trial  having   been  previously  made  was 
denied;    that   no    appeal  has  ever  been  taken 


resolution  contained  be  fully  carried  out;  now, 
therefore,  be  it 

Resolved,  That  we  hereby  ratify  and  confirm 
the  notion  of  said  board  of  directors  in  adopt- 


frorn  the  order  denying  the  motion  for  new  i  ing  said  resolution,  and  hereby  authorize  and 
trial  or   from  tho   judgment  and  no  oth^r  or  ;  direct  them,  as  far  as  we  may  legally  do,  : 


__  in  letter  and  spirit  the  resolution 
aforesaid,  and  to  make,  execute  and  deliver  all 
deeds,  contracts  and  agreements  necessary  to 
convey  all  the  property  of  said  company  to 
said  district. 

What  basis  the  bonds  of  this  district 
stand  upon  may  be  seen  from  the  fact  that 
the  canal  system  purchased  for  $150,000 
has  actually  had  expended  upon  it  at 
least  three  times  that  sum,  while  by  the 


valley,  ana  tiiere  is,  uiereiore,  tar  less 
danger  from  damage  by  unseasonable 
rainfall  than  in  Ies3  favored  localities. 

There  is  scarcely  anything  in  the  wide- 
range  of  horticultural  products  known  in 
the  State  that  has  not  been  successfully 
introduced  here.  A  notable  addition  to 
the  large  area  of  orchard  arid  vineyard 
now  under  cultivation  at  Grapeland  is  the 
80- acre  olive  and  French  prune  orchard  ' 
just  established  by  Mr.  McComb,  a  well- 
average  outlay  of  $18  46  an  acre  (the  cost  j  known  mining  expert  from  Oro  Grande, 
of  supplying  the  whole  32,500  acres  with  With  abundance  of  means  to  enable  him 
water)  the  value  ot  the  present  irrigated  j  to  purchase  the  most  favorable  location, 
lands  will  .be  increased  at  least  400  per  without  regard  to  price,  ha  has  settled 
cent,  'ihe  improved  lands  in  the  district  here  and  will  spare  no  pains  to  make  his 
are  now  yielding  annual  incomes  of  $100  •  '  /..,.,..,  ,-,,  , 

to  $500  per  acre,  and  the  unimproved 
lands  will  soon  be  in  a  similar  condition. 
What  better  security  there  could  be  for 


the  payment  of  interest  and  the  redemp- 
tion of  the  bonds  it  would  be  difficult  to 
imagine. 


AN      ORGANIZATION      THAT 
SOLIDLY    FOUNDED. 


IS 


orchard  one  of  the  best  in  the  State. 

The  land  owners  at  Grapeland  decided 
over  a  year  ago  that  their  best  interests 
demanded  their  organization  as  an  irnga-. 
tio.n  district  under  the  provisions  of  the 
.  Wright  act.  Accordingly,  after  taking 
the  necessary  preliminary  steps,  the  act- 

GKAPELAND  DISTRICT !  &"$&  *£&?&&£*•&£ 

UM.t£Li  .UJJAUU  -LMLO  11.11. 1UJ_  'Grapeland    district.      There    were    a    few; 

opponents  of  the  district  and   these   were  ! 

I  accordingly  left  out.     But  the  benefits  of  ' 
organization    have    become    BO    apparent  i 
that   these  excluded    land    owners    have 
now  petitioned  to  be  included  within  the  ; 

!  boundaries.      The    vote  lor   organization 

!  was   unanimous,  but  subsequently  a  little  , 
trouble  arosa  and  it  became    necessary  to 
go  before  the  courts  to  have  it  adjusted. 

The  point  raised  in  opposition  to  the  is- 
suance of  bonds  was  that  a  number  of  the 

-  organizers  of  the  district  were  occupants 
of  Government  lands  upon  which  they 
had  not  secured  patents,  though  having 
of  -  complied  with  the  lows  in  all  respects. 
As  such  quest  ons  have  arisen  in  other  lo- 
calities it  is  worth  while  quoting  a  portion 
of  the  decision  of  Judge  Otis  of  San  Ber- 
nardino overruling  this  objection. 

The  case  was  entitled  James  F.  Har- 
mon vs.  Grapeland  Irrigation  District. 
The  Judge  in  nis  decision  said  : 

"It  is  contended  on  part  of  defendant, 
Grapeland  Irrigation  District,  that  the 
amended  complaint  substantially  admits 
the  regularity  of  all  the  proceedings  had  in 
the  formation  of  the  district,  and  all  sub- 


Where  the  Oranjre  and  the  Lemon 

Thrive— Land  Made  Valuable 

by  Water. 


One  of  the  principal  landmarks 
Southern  California  is  the  mountain  locally 
known  as  "Old  Baldy,"  but  more  properly 
San  Antonio.  Situated  just  west  of  the 
Cajon  pass,  it  towers  aloft  thousands  of 
feet  above  the  beautiful  valley  at  its  feet, 
in  which  are  the  prosperous,  beautiful 
settlements  of  Ontario,  Pomona,  River- 
side, etc.  Close  to  the  base  of  the  mount- 
ain, nestled  snugly  against  its  granite 
foundations,  is  the  locality  known  as 


Grapeland.     With  a   magnificently  fertile    sequent  proceedings,  including  the  election 


soil,  a  warm,  sunny  southern  exposure,  an 
elevation  of  1700  feet,  and  a  climate  that 
is  absolutely  perfection,  no  one  acquainted 
with  Southern  Calitornia  need  be  told  that 
here  all  manner  of  citrus  and  deciduous 
fruits,  vines,  etc.,  thrive  with  a  profusion 
and  an  absence  of  disease  or  danger  of 
damage  from  frost  that  is  absolutely  un- 
known in  the  more  exposed  contiguous 
sections. 


as  to  the  issuance  of  bonds.  The  com 
plaint  details  the  various  steps  taken  ta 
create  the  'district  and  in  furtherance  of 
the  issue  of  bonds;  and  while  the 
complaint  contains  general  averments 
of  the  irregularity  of  such 
steps,  we  fail  to  discover  that 
any  informality  or  irregularity  in  such 
proceedings  is  made  to  appear  out- 
side of  such  general  averments.  The  par-  i 
ticular  allegations  of  what  was  done  will  I 
control,  of  course,  such,  statement  of  a 
mere  general  conclusion.  Without  re- 
ferring in  detail  to  the  allegations  of  the 


On  these  stmny  slopes  oranges  are 
grown  which  challenge  comparison  with 
any  in  the  world.  In  this  deliciously  dry, 

desiccating  climate,  fruits  may  be  dried  in  complaint,  it  is  sufficient  to  say  that 
the  open  air  that  rival  the  choicest  pro-  comparison  of  the  averments  of  the  steps 
ductions  of  the  most  skillfully  managed  j  taken  to  organize  the  district,  and  looking 
-  to  the  increase  of  bonds  and  the  require- 


evapj^rators. Sun-dried  peaches  put  up 
here  last  year  yielded  the  producers  27}£ 
cents  a  pound,  while  raisins  from  Grape- 
land  district  always  bring  a  better  price 
than  those  of  any  other  locality  in  this 
part  of  the  State.  "Because  of  the  remark- 
able climatic  advantages  enjoyed  here, 


ments  of  the  statute  in  their  behalt,  shows 
a   compliance   with   the  law.    and  fails  to 
disclose  any  irregularity.    The  third  para-  ( 
graph   of   the   complaint  alleges  a  ununi-  ' 
mous  vote  for  the  organization    of  a  dis- 
tiict  of  all  votes  cast,  stated  to  have   been 


the  raisin  grape  matures  fronTten  days  to  j  thirty-one.     The  sixteenth  paragraph  al- 
two  weeks  earlier  than  elsewhere  iu  the  j  leges  that  not  more  than  ten  of  them  were  I 


Scene  in  Grapeland  District,  foot  of  Cucamonfja  mountains. 


the  votes  of  legal  and  qualified  voters, 
but  this  does  not  negative  the  idea 
that  two-thirds  of  all  the  legal  votes  were 
in  favor  of  the  formation  of  a  district,  but, 
on  the  contrary,  directly  supports  the 
same.  The  argument  that  8396  acres  of 
land  within  the  district  boundaries  is 
Government  land,  and  the  argument  that 
such  being  the  case  it  was  improperly  in- 
cluded within  the  district,  is,  in  our  opin- 
ion, without  force.  If  Government  land 
cannot  be  assessed  or  burdened  with  lien  8 
for  the  satisfaction  of  a  public  indebted- 
ness, as  is  conceded  to  be  tae  law,  then  no 
attempt  to  subject  such  Government  land 
to  such  charge  would  cast  any  cloud  upon 
the  title  to  such  lands,  and  plaintiff  can- 
not complain.  If,  as  is  also  conceded, 
the  possessory  right  of  complainant, 
and  the  improvements  made  by  him 
on  such  Government  land,  aro  proper  sub- 
jects for  assessment,  there  would  seem  to 
be  no  valid  objection  to  such  assessable 
property  being  included  within  the  dis- 
trict and  subjected  to  its  proper  share  of 
the  burden  of  taxation,  and  plaintiff  can- 
not complain.  As  suggested  by  counsel, 
there  would  seem  to  be  no  substantial 
difference  between  the  inclusion  of  Gov- 
ernment lands  within  county  boundaries, 
and  the  subjection  of  improvements  on 
the  same  to  taxation  for  county  purposes, 
and  the  inclusion  of  Government  lands 
within  the  boundaries  of  other  political 
subdivisions,  such  as  an  irrigation  dis- 
trict, and  the  subjection  of  improvements 
thereon  to  taxation.  An  injunction 
will  not  issue  to  restrain  a  pub- 
lic officer,  or  board  of  officers, 
from  performing  a  duty  which  the 
li!W  imposes  upon  them.  It  is  the  duty  of 
the  board  of  directors  of  every  irrigation 
district,  in  the  event  that  a  majomy  of 
the  votes  cast  on  the  question  of  issuing 
bonds  are  'Bonds,  yes  'to  immediately 
cause  bonds  to  be  issued'  (using  the  words 
of  the  statute).  By  paragraph  seven  it 
appears  that  a  majority  voted  'Bonds, 
yes.'  It  does  not  appear  that  there  were 
any  votes  of  '  Bonds,  no.'  The  duty  of  the 
board  then  was  to  forthwith  issue  bonds, 
i  and  no  injunction  can  run  against  such 


issue. 

"On  the  grounds  stated  therefore  we 
are  of  the  opinion  that  the  demurrer  to 
complainant's  amended  complaint  should 
be  sustained,  the  respondent  diachaged 
from  the  order  to  show  cause,  and  the  re- 
turning order  vacated,  and  it  is  so  or- 
dered." 

Bonds  to  the  amount  of  $200,000  were 
therefore  issued,  but  have  not  yet  been 
sold,  as  it  has  not  been  fully  decided  from 
what  source  the  water  supply  will  be  de- 
rived. The  district  has  rights  to  Lytle 
creek,  and  can  also  obtain  water  by  stor- 

;i  age.  while  the  projectors  of  the  Arrowhead 
reservoir  enterprise,  referred  to  elsewhere, 
also  offer  to  furnish  water  for  a  low  rate. 
The  bonds  have  been  issued  at  the  rate  of 
$18  54  an  -acre,  which  it  is  believed  will  be 
sufficient  to  provide  the  entire  district 
with  water.  Indeed,  such  has  been  prom- 

;  ised.  This  low  cost  of  water,  by  compar- 
ison with  adjacent  districts,  is  particu- 
larly gratifying,  and  of  course  adds  irn- 

]  mensely  to  the  value  of  the  bonds  as  a 
security.  The  men  voting  the  bonds  are 
not  speculators,  but  are  actual  cultivators 
of  their  own  lands,  and  of  course  are  actu- 
ated solely  by  the  desire  to  procure  water 

,  at  the  lowest  possible  price. 

The  present  assessed  value  of  the  dis- 
trict is  over  $800,000,  and  while  lands  with- 
out water  are  practically  valueless,  those 
thnt  have  a  supply  are,  readily  disposable 
at  $150  to  $300  an  acre.  At  the '  lowest 

|  price    the   lands    of   the    district  will   be 

j  worth  over  $1,600,000  by  the  expenditure 

|  of  the  $200,000  voted  for  water. 

In  every  respect  the  grape  land  district 
challenges  comparison  with  any  other  or- 
ganized or  situated  in  anything  like  sim- 

i  ilar  circumstances. 

The  officers   of  the  disirict  are  as   fol- 

i  lows:  President,  J.  D.  Ousterhout;   secre- 

i  tary,  E.  T.    Myers;  directors — J.    D.    Ous- 

|  terhout,  W.  Dl  Nevin,  J.  L.  Adams,  A.  G. 
Perdew,  E.  T.  Myers;  treasurer,  J.  A. 
Scott;  collector,  A.  G.  Pier;  assessor,  E. 
E.  Scott. 


MADERA  DISTRICT. 


OVER    THESE    HUNDRED    THOU- 
SAND ACRES  INCLUDED. 


Sketch  of  the   System    That   it  Is 

Proposed  to  Construct— 

Bonds  Issued. 


The  Madera  district  is  the  largest,  with 
a  single  exception^  of  ah  that  have  been  or- 
ganized under  the  Wright  act,  it  contains 
305,000  acres,  and  careful  estimates  place 
the  cost  of  obtaining  water  at  $850,000  or  a 
little  over  $2  78  an  acre.  It  was  organized 
in  December,  1888,  the  vote  in  favor  being 
292,  while  but  5  opposing  ballots  were  cast. 
On  the  bond  proposition  the  vote  stood 
243  to  7. 

This  district  has  superior  advantages 
over  other  districts  in  the  State,  by  which 
an  adequate  supply  of  water  for  irrigation 
can  be  secured  at  the  lowest  coat.  The 
principal  advantage  lies  in  the  fact  that 
the  San  Joaquin  river,  the  largest  stream 
that  traverses  the  valley,  flows  along  the 
boundary  line  of  the  'district,  and  the 
Fresno  and  Chowchilla  rivers  pass 
through  it. 

In  connection  with  the  other  works  to 
be  built  by  the  district,  the  board  of  di- 
rectors have  tiled  on  four  large  lakes,  lo- 
cated high  up  the  mountains,  in  the 
Minaret  region.  These  lakes  were  lower 
than  usual  when  liled  on,  yet  they  con- 
tained an  immense  amount  of  water. 

The  dimensions  of  the  lakes  are  about 
as  follows:  Shadow  lake,  one  and  one- 
half  miles  long,  three-quarters  of  a  mile 
wide  and  forty  feet  deep;  Island  lake,  two 
miles  long  and  three-quarters  of  a  mile 
wide,  depth  of  water,  thirty  feet;  Summit 
luke,  three  miles  long  and  one  mile  wide, 
depth  of  water,  thirty  leet.  The  outlets  to 
these  lakes  are  very  narrow  and  through 
high,  rocky  walls  where  substantial  dams 
can  be  built  at  a  minimum  cost.  A  dam 
fifty  feet  high  will  suffice  to  reservoir 
eighty  feet  of  water  in  the  lakes,  ea  timat- 
ing  the  present  depth  of  water  at  thirty 
feet,  which  is  lower  than  an  average.  It 
is  practicable  to  turn  the  water  from  the 
lakes  into  the  San  Joaquin  river  at  any 
time  when  the  natural  supply  of  water 
from  the  river  is  not  sufficient* for  the 
needs  of  the  district.  It  is  estimated  that 
when  the  work  of  reservoiring  shall  have 
been  completed  200.000  acres  of  land  in 
the  district  can  be  covered  with  water  one 
foot  deep  from  these  lakes. 

Those  alone  will  irrigate  the  entire  dis- 
trict after  the  natural  flow  of  the  river  has 
been  exhausted.  These  lakes  are  led  from 
the  mountains  of  perpetual  snow  above 
them,  and  in  several  places  there  are  beds 
of  snow  sixty  feet  deep.  Water  from  this 
source  is  unfailing,  and  can  be  depended 
on  from  yoar  to  year. 

The  probable  cost  of  storing  this  water 
will  be  from  $40,000  to  $00,000  iess  than 


the    amount    set  aside   by   tne    Doaru  01 
directors  for  that  purpose. 

Directors  Roberts  and  Mordecai  have 
been  over  the  country  and  made  a  per- 
sonal observation  of  the  lakes  that  have 
been  filed  on.  They  are  confident  of  the 
feasibility  of  the  reservoir  plan,  and  con- 
sider that  it  insures  the  district  an  abun- 
dance of  water  tor  all  purposes. 

According  to  the  report  of  Geo.  Manuel, 
engineer  of  the  district,  ttie  survey  for 
the  main  canal  starts  at  a  point  on  the 
San  Joaquin  river  about  one-quarter  of  a 
rnile  above  the  point  where  Fine  Gold 
gulch  enters  the  latter  stream.'  At  this 
point  the  river  flows  through  a  narrow 
canyon  or  gorge,  the  sides  of  whica  are 
several  hundred  feer-  high,  and  composed 
of  granite  rock;  the  river  is  confined  to  a 
channel  sixteen  leet  wide  at  low  water. 
The  proposed  dam  will  be  about  sixteen 
feet  long  on  the  base,  about  25<J  feet  long 
on  the  top,  and  will  raise  the  water  in  the 
river  about  sixty  feet.  The  situation  of 
the  dam  is  an  extremely  favorable  one, 
both  as  regards  stability  and  permenance, 
and  the  abundance  and  cheapness  and  ac- 
cessibility of  the  materials  with  Which  to 
build  it.  Stone  of  unlimited  quantities 
and  of  the  lest  quality  lies  immediately  at 
hand  and  in  a  situation  which  renders  its 
transfer  to  the  masonry  of  the  dam  a  work 
of  little  magnitude.  There  is  a  fair  wagon 
road  now  made  to  within  about  three 
miles  of  the  proposed  dam  and  this  can 
be  extended,  at  slight  expense  to  the  tiarn 
site  itself. 

As  the  fall  of  the  river  is  very  rapid 
above  the  proposed  dam,  and  the  sides  of 
the  canyon  are  very  steep  and  high,  there 
will  be  no  damage  caused  to  property 
above  the  proposed  dam  by  buck  water 
from  it.  Starting  from  the  dam  ior 
a  distance  of  about  9UO  feet,  the  route 
traverses  a  mass  of  granite  bowlders  of 
different  sizes  and  shapes,  and  devoid  oi 
soil,  it  will  probably  be,necessary,to  flume 
this  portion,  and  the  estimate  is  m?de 
with  'that  view.  From  this  latter  point 
the  route  follows  a  rocky  sidehili  com-  \ 
posed  of  soil  and  granite  ledges  and  bowl- 
ders. Fine  Gold  gulch  is  then  encoun- 
tered; distance  across  between  points, 
306  feet  8  inches.  It  will  be  necessary  to 
flume  this,  starting  from  Fine  Gold  gulch- 
and  running  down  the  river.  The  route 
of  the  canal  is  crossed  at  irregular  inter- 
vals by  short  ravines  or  gulches  coming 
from  the  adjacent  hills  and  emptying  into 
the  San  Joaquin  river.  They  vary~frorn 
5  to  25  feet  in  depth  and  40  to  120  feet  in 
width  in  this  mile.  The  quantity  of  water 
carried  by  them  is  Insignificant,  as  thoy 
extend  only  a  short  distance  into  the  hills 
and  have  a  very  small  drainage  area.  They 
can,  with  few  exceptions,  be  most  easily  • 
crossed  by  atn  earthen  embankment  on 
the  lower  side  only,  the  upper  bank  being 
lormed  by  the  hill,  the  amount  of  land 
thus  flooded  being  insignificant  and  of  lit- 
tle or  no  value. 

The  line  of  the  canal  for  several  miles 
runs  through  a  rough  broken  region  at 
first,  then  strikes  more  open  country,  and 
then  for  quite  a  distance  takes  advantage 
oi  natural  depressions  and  the  channel  of 
Deep  creek,  which  it  follows  for  two  and  a 
half  miles,  then  entering  Sand  creek.  The 
main  portion  of  the  waiur  will  follow  this 
channel  for  about  twelve  miles,  to  a  point 


10 


Flume  of  Tulare  Canal  over  5f.  John's  rive?.    (From  photograph  by  E.  A.  S.  Wyllie.) 


where  the  main  branch  canal  running  to 
the  Chowchilla  river  will  bo  diverted.  A 
portion  of  the  water  can  be  left  in  the 
channels  of  Sand  and  Cottonwood  creeks 
until  the  western  boundary  of  tha  district 
is  reached,  a  distance  of  about  thirty 
miles. 

About  the  only  expense  in  this   part  of 
the  route  will  be  the  building  of  weirs   to 
divert  the  water  at  the  points  mentioned. 
The  main  body  of  the   water    will   be   di- 
verted from  the  creek  channel    at  a  poini 
near  the  northwest  corner  of  section  27,  in 
township  11   south,    range  18  east,    where 
the  channels  of  Sand  creek  and   the    Cot- 
tonwood join.     From  this  point  a  survey 
was    made,    running     northwest     about 
twenty    miles    and     terminating    at    the 
Chowchilla.     This   was  intended    for  the 
main  supply   canal   lor   that    part   of  the 
district  lying  north  of  the    CoUonwood. 
The  line  of  this    canal  runs  in  a  general' 
direction  nearly  parallel  with  the  railroad  ' 
and  about  three  miles  theretrom,   and  ter-  | 
minates   at  a    point    on    the   Chowchilia 
river  about  three  miles    east    ot    Minturn 
station.     This  canal  in  its  course  will  cross  - 
several  streams  coming  from    the  eastern  i 
foothills  of  tho  Sierra  Nevada.     It   will  be 
necessary    to    erect    weirs    or    floodgates  - 
across  these  to  discharge  excessive   floods.  s 

Gates  of  similar  character  are  in  use  in  1 
Kern  county  across  the  Kern  river,  and  in 
Fresno  across  the  Fraushaw  creek  and 
other  streams.  As  many  of  these  chan- 
•aels  as  may  be  found  suitable  can  also 
Oe  used  to  convey  water  to  the  western 
side  of  the  district  at  little  or  no  expense. 
Branch  canals  running  west  from  the  main 
canal  were  also  surveyed.  The  obstacles 
encountered  on  the  main  branch  to  the 
Chowchilla  were  slight  with  the  exception 
of  the  stream  crossings  mentioned  above, 
as  the  route  traversed  i*  exceptionally  i 
jevel,  and  the  cuts  and  lills  are  a  mini- 
mum. 

The  survey  of  the  smaller  branch  canals 
shows  that  they  can  be  made  at  slight  ex- 
pense, the  land  traversed   by  them  being 
,  exceptionally  level    and  having  a  rapid 
I  fall  to  the  west  and  southwest. 


SUMMARY  OP   COST. 

Dam,  flume  and  ciilch  to  Fine  Gold, 

including  flume  across  gulch $  89,596  00 

Ditch,  including  Humes  from  Fine 

Gold  to  Little  Cottonwood 188,314  00 

From  Little  Cotton  wood  to  Sand 

Creek 116,163  90 

Add  5  per  cent  for  contingencies. .  10,203  69 

Total  to  Sand  Creek $403/277  59 

Main  branch  to  the  Chowchilla,  in- 
cluding weirs  across  Fresno  river, 
etc $  70,120  41 

Railroad  crossings,  lateral  canals, 
bridges,  rights  of  way,  discount 
on  bonds,  storage  reservoirs,  con- 
demnation of  ditches  and  water 
rights,  etc 370,602  00 

Grand  total $S50,000  00 

The  board  of  directors  of  the  Madern 
district  consists  ol  G.  W.  Mordecai,  presi- 
dent; Return  Roberts,  J.  K  Ward,  J.  H. 
Shedd  and  E.  H.  Cox  (secretary).  George 
Manuel  is  the  chief  engineer. 

A  series  of  lawsuits  has  been  going  on  in 
this  district  for  thre.3  years.  The  princi- 
pal opposition  to  irrigation  comes  i'rom 
large  landholders.  The  llnal  case  was  ar- 
gued by  C.  C.  Wright,  attorney  tor  the 
district,  before  the  Supremo  Court  at  Los 
Angeles  the  latter  part  of  April.  A  decis- 
ion is  expected  by  June  loui,  and  it  will 
undoubtedly  be  in  favor  of  the  district, 
following  the  line  of  previous  decisions. 


FERRIS  DISTRICT. 


A   PERFECT    AND    SUBSTANTIAL 
ORGANIZATION. 


Immense  Increase  in   Laud  Values 
Brought  About  by  the  Assur- 
ance of  a  Water  Supply. 


It  is  a  pleasure  to  consider  the  basis  and 


history  of  such  a  district  as  that  of  Perris.  j~ for  $300  to  $800  an  acre,  while  just  as  goodT  • 
As    a     dean-cut      business    proposition,  i  land,  without  water,  is  difficult  of  sale  at  j 

(straight  forward   and   without  an  element     $25  an  acre.     No  better  illustration  could  i 
or  speculation  in  it,  the   Perris   irri^uion     bs  found  of  the  benefits  conferred  by   the  j 
«  district  challenges  comparison    with   anv  -^^rict  system  of  irrigation.  _ 
,»h,r   of    the     organizations    under    the  ,  ^^^:  ^/Na^pr^  i 
Wright   act.      in   a  nutshell  the  proposi-  rt  dent;    H.  A>  Piimpton,   secretary;  '  direi 
tion    is     this:       Here     are    23,000    acres      tors-J.  W.  Nance,    George   P.    (Jakes,  W. 

F.    Perry,    Arnold    E.    Colby    and    Israel 
Metz.     These  gentlemen  nre  each  and   all 
practical  irrigators  themselves,  and  among  i 
them  are  the  most  successful  agriculturists  ! 


Of  laud  possessing  all  the  elements 
of  fertility,  but  which,  without 
water,  are  so  unproduotive|that  $5  or  $10 
an  acre  would  be  a  large  price.  For  years 


and  horticulturists  in    the  valley.     Thev 
it  was  not  oeheved  that  there  existed  any      have  gone   neart  and   soul  into  (ho  WQ«£ 


supply  of  water  available  for  these  lauds. 
But  at  length  some  enterprising  men  ap- 
peared on  the  scene,  and  after  looking  the 
country  over  they  demonstrated  that 
water  in  abundance  could  be  had.  Imme- 
diately upon  the  faith  of  this  demonstra- 
tion alone  the  lands  were  eagerly  sought 
tor  at  $30  to  $10  an  acre.  Then  an  irriga- 
tion district  was  organized,  contracts  en- 
tered into  for  an  abundant  supply  of 
water  piped  in  every  direction  for  the 
average  cost  of  $25  an  acre*  Then  the 


lands  took  another  jump  to  $80  and  $100  --  coated 
an  acre,  and  when  the  water  shall  be  run- 
ning through  the  pipes  (which  will  be 
within  six  weeks)  a  still  further  increase 
in  values  will  take  place.  Enough  has  al- 
ready been  accomplished  hero  to  show 
that  thft  largest  returns  ever  realized  in 
any  branch  of  horticulture  are  certain  to 
be  repented,  and  that  these  lands,  when 
covered  with  productive  orchards  and 
vineyards,  will  return  incomes  of  hun- 
dreds of  dollars  to  the  acre,  and  will  sell 
readily  for  many  hundred  per  cent  more 
than  their  value  to-day. 

It  was  in  May,  1890,  that  the  Penis  irri- 
gation district  was  organized,  tho  area  in- 
cluded being  17,680  acres.  Last  month 
other  property-owners  petitioned  to  be  in- 
cluded, and  the  district  was  therefore  en- 
larged so  as  to  reach  nearly  23,000  acres. 
In  the  election  for  the  organization  of  this 
district  but  one  dissenting  vote  was  cast, 
arid  when  the  proceedings  were  taken 
before  the  court  for  con  firm.1,  tion  no  con- 
test was  made.  The  bonds  of  the  district 
are  therefore  placed  beyond  the  reach  of 
opposition  in  any  shape. 

.Bonds  were  voted  to  the  amount  of 
$442,000,  and  of  this  amount  $240.000  were 
paid  to  the  Bear  Valley  Irrigation  Com- 
pany for  water,  which  is  to  be  delivered 
the  coming  month  by  pipe  line  through 
the  Alessandro  tunnel,  described  else- 
where. The  balance  of  the  bonds  wiil  ba 
used  for  defraying  the  expense  of  con- 
structing the"  subsidiary  pipe  lines  for 
carrying  the  waier  to  each  individual 
ract. 

Tiie  security  that  tho  bonds  cf  the  Perris 
district  have  can  be  seen  from  the  fact 
that  the  total  assessed  valuation  of  the 
lands  before  irrigation  was  $'J7D,G52,  the 
actual  cash  value  being  at  least  75  per 
cent  greater.  Bui  with  the  water  supply 
provided  with  the  bonds  the  valuation 
will '  be  doubled  and  Quadrupled  within  a 
very  short  time.  That  this  is  no  un- 
founded assertion  may  be  seen  from  the 
'.act  that  already  sales  have  been  made  of 
unimproved  lands  under  the  pipe  system 


of  improvement  and  have  already  sur- 
mounted obstacles  that  have  discouraged 
others  and  kept  other  localities  in  the 
background. 

N  The  directors  of  the  district  are  now 
busUy  engaged  in  perfecting  their  pipe- 

-  line  system,  in  order  to  be  in  readiness  for 

i  the  water  which  will  commence  to  he  de- 
livered to  them  in  July  by  the  Bear  Valley 
Company.  These  pip'e  lines  are  of  steel, 

3  wood  and  cement.  Where  the  pressure  is 
the  heaviest  the  best  quality  of  steel  pipe, 


asphaltum,  is  used.     Several 
miles  of   redwood    pipe,  bound  with  steel 
bands,  will  also  be  laid,  a3  the  illustraticn 
elsewhere  shows.     Leading  from  the  pres- 
sure pipes  oi  steel  and  wood  are  laterals  of 
vitrified  clay,  which  will  deliver  the  water 
to    each    tract    throughout    the    district.  ! 
When  completed  there  will    bo    no  more  i 
perfect  or  economical  system  of  irrigation  J 
in  the  State  than  that  of  this  distrrct. 

Under  the  contract  of  the  Perris  district  ! 
vrith  the  Bear  Valley  Water  Company  the  I 
landowners    of   the    district    have    taken  : 
20,000  of  what  are   known  as   the  class   B 
water  certificates.     Each  of  these  certifi- 
cates calls  for  water  enough  to  irrigate  an 
acre  of  land,  and  at  the  time  the   contract 
was  made  it  was  worth   $15.     Since   then, 
the  price  has  been    doubled,    thus  giving 
the  Perris  district  an  immense  advantage.  ; 
Under  the  contract  the  Bear  Valley  Com- 
pany agrees  to  deliver    water  at  a  point  > 
agreed   upon    to    the    district,  free  of   all 
further  expenses,  aa  follows: 

The  water  represented  by  eight  hundred 
(800)  certificates  will  ba  delivered,  as  above 
set  forth,  by  the  Bear  Valley  Land  and 
Water  Company  on  or  before  April  1st, 
A.  D.,  1891. 

The  water  represented  by    twenty-two  i 
hundred  (2200)  more  certificates  will  be  de-  i 
livered  as  above  on  or  before  April  1st 
A.  D.,  1892. 

The  water  represented  by  two  thousand 
(2000)  more  certificates  will  be  delivered 
as  above  on  or  before  April  1st,  A.  D.  1893. 

The  water  represented  by  two  thousand 
(2000)  more  certificates  will  be  delivered 
as  above  on  or  before  April  1st,  A.  D.  1894. 

Tho  water  represented  by  two  thousand 
(2000)  more  certificates  will  be  delivered  as 
above  on  or  before  April  1st,  A.  D.  1895. 

The  water  represented  by  the  remainder 
of  said  sixteen  thousand  (16,000)  certifi- 
cates, and  also  of  the  additional  four 
thousand  (4UOO)  certificates,  shall  be  de- 
livered as  above  set  forth  in  such  quanti- 
ties and  at  such  times  after  April  1,  LS95, 
as  the  Perris  irrigation  district  shall  di- 
rect. 


o/  Turlock  canal. 


!An  enthusiastic  resident  of  Ferris  writes 
thus  concerning  its  many;  advantages  and 

;  attractions:  "While  California  as  a  whole 
offers  far  greater  attractions  as  a  place  of 
residence,  in  the  prospects  of  health, 
comfort  and  prosperity,  than  can  be  found 
3H  any  other  State,  it  is  generally  admitted 
that  the  soutnern  counties  possess  a  luiler  j 
measure  of  the  advantages  than  the 
northern  part  of  the  State.  Within  the 

:  limits  of  these  there  are  also  diversities. 
Near  the  coast,  where  the  weather  is 
pleasant  the  year  around,  it  is  not  warm 
enough  to  produce  the  orange  to  periec- 
tion;  in  the  interior  valleys,  where  the 
temperature  as  a  rule  is  suitable  to  the 
production  of  semi-tropical  fruits,  there  is 
frequently  alack  of  water  for  irrigation 
and  in  some  places  there  is  none  for  do- 
mestic use.  Some  parts  are  visited  occa- 

•  sionally  by   winds  which,  although   mere 

!  zephyrs    in    comparison   with   the  hurri- 
canes that  are  frequent  east  of  the  Rocky 
mountains,  are    strong  enough   to  be  dis- 
agreeable and  sometimes  injurious  to  the 
ripening    fruit.     A    locality    to    be    thor- 
oughly desirable  should  possess  a  climate 
suitable   to   the  growth   of   semi-tropical 
fruits,  plenty   of  good  water  lor  domestic 
and  irrigating  purposes  and  freedom  from 
strong    winds.       It    should    also    possess 
good  transportation  facilities.     The  coun- 
try around    Perris    can    justly  claim    the 
possession  of  these  advantages.  At  various 
places  in  the   valley   young  orunge   trees 
may   be  seen   which,    quite   unprotected, 
hnva  passed   through  the  last  two  winters 
without  harm,  while  our  raisins  were  ready 
ibr  the  packing-house  last  season  by  the 
time  our  neighbors  began   to  pick  their 
grapes  from  the  vine,  thus  demonstrating 
that  oar  climate  is  well   suited   to  orange 
and  raisin   culture.     Witn   regard   to  our 
water  supply  it  may  be  stated  lhat  in  ad- 
dition to  the  Bear  valley  reservoir  we  have 
a   subterranean    reservoir    of  the  purest 
water  at  an  average  depth   of  thirty   feet  j 
which  is    believed  to   be  inexhaustible,  a  j 
now  of  about  twenty  miners'  inches  hav- j 
ing  been  drawn  from  two  seven-inch  wells  j, 
by   a  steam   engine,  continuously,  nearly  j! 
twenty -four      hours,       without      lower-  ii 
ing     "the      water     in     -the      wells.        It 
is      evident     from      this     that     should  J 
an    accident     at     any     time     temporar-  |( 


ily  cut  off  our  supply  from  Bear  valley 
our  orchards  need  not  be  in  any  danger 
Irom  lack  of  water.  On  ita  comparative 
freedom  from  high  winds  Perris  may  be 
as  much  congratulated  as  on  its  abundant 
water  supply.  While  it  is  not  claimed 
that  strong  winds  are  quite  unknown 
around  Perris,  it  is  claimed  that  they  ara 
as  seldom  here  as  anywhere  in  the  Btate. 
Situated  on  one  of  the  main  lines  of  the 
greiit  Santa  Fe  Hailroad  and  within  a 
short  distance  ol  the  Southern  Pacific  at 
Colton,  lew  towns  have  Deiier  transporta- 
tion facilities  than  are  offered  at  .Ferris." 
The  writer  can  add  that  of  his  own  per- 
sonal knowledge,  and  after  an  inspection 
of  every  prominent  locality  in  Southern 
California,  it  is  his  unbiased  judgment 
that  the  section  about  Perris  offers  advan- 
tages which  are  not  surpassed  in  any  part 
of  the  State,  and  which  are  certain  within 
a  few  years  to  make  this  the  center  of  a 
population  and  a  prosueriiy  equal  to  any- 
thing California  has  ever  seen. 


CENTRAL  DISTRICT. 


THE    HONEEB    SYSTEM   OF    CO- 
LUfiJA  COUNTY. 


A   Splendid    Showing:    of    Security 

Upon  Which  the  Bonds  Are 

Eased. 


Following  are  the  reports  of  R.  de  Laffe 
and  C.  E.  Grunsky,  respectively  the  sec- 
retary and  chief  engineer  of  Central  Irri- 
gation district  of  Colusu  county.  These 
reports  apeak  for  themselves  and  show  the 
favorable  conditions  existing  in  this  dis- 
trict. As  will  appear  from  the  Supreme 
Court  decisions  and  other  matter  pub- 
lished elsewhere  in  this  issue,  it  will  be 
seen  that  the  legality  of  Central  Irriga- 


..•ion  district  bonds   haa  been  fully  es 
'  lished  by  the  courts: 

Central   Irrigation   District  was  organ- 
ized on    December    31,    1887.    It  contains 
i  156,550  acres,    which,   in   1888-89.    was  as- 
:  sessed  at  $2,962,922.     The  levy  at  the  rate 
of  50  cents  on  each  $100  was  $14,814  61.    In  :> 
1889-90  tho    total    assessed    value    of   the  L 
property  was  $2.912,436-  and   the   tax  levy 
at  50  cents  was  $14,562  18.     In   1890-91  the  - 
assessed    value    was    $2,720,779,    and    the  ' 
total  levy  at  the  rate  of  $1  was  $27,267  79.    , 
The  assessments  for  the   three  years  have  * 
i  been  collected  and  paid   into  the  treasury. 
!  The  total  cash  value  of  the  real  estate  and  _ 
the  improvements  thereon  within  the  dis-  ' 
trict  is  fully  $5,000, 0'JO. 

The  property,  without  regard  to  irriga 

i  tion,    was"  assessed  for  State   and  county  J 

i  taxes    in    the  year     1888-89,    as    follows:  j. 

Farming  land,    $2,424.183;    improvements  , 

thereon,   $81,640;  town   property,  $43,535;  t 

town  improvements,  $116,715;  total  value  ; 

of  real  estate  and  improvements,  $2,668,-  \ 

073. 

At  tho  election  held  November  22,  1887,  ; 
for  tho   organization    of   the    district  the  : 
i  ''irrigation! s ts"  polled  271    votes  and  the  il 
i  "non-irrigationists"    51    votes.      At      the  || 
'election  held  April  2,    1888,    for  the  issu- 
ance of    bonds  in    the    sum  of  $770,000 
"bonds    aye"      received     225   votes    and 
,  "bonds    no"    received    35    votes.   'At  the 
!  election  held  April  2,  1890,  for  the  election 
;  of   district    officers,  .irrigation  candidates 
!  received  398  votes  and  non-irrigation  can- 
didates 21  votes. 

The    bonds  issued    mature    in    twenty 
years,  are  dated  July  1,  1888,  and  bear  in-  ; 
terest  at  the    rate    of  6   per  cent  per  an- 
num, payable  semi-annually,   and  are   of 
the  denomination  of  $500  each.     Of  these  ; 
bonds  fifty  were  reserved  for   payment  to 
secure  right  of  way   for    the    canal,  forty-  .| 
nine  of  which  have  been  delivered  for  that  i 
purpose,    1450  have    been    advertised  for  , 
sale"  and  awarded  as  required  .by  law,  of  j 
which  550    have  been  delivered  and   the 
money  received  therefor.  i 

There  are,  therefore,  599  bonds  now  out-  j 
standing,  aggregating  the  sum  of  $299,5UO,  I 
and  900  bonds  yet  to  be  delivered.     All  in-  f 
terest  on  the  'bonds  outstanding  has  been 
paid  to  January  1,  1891,  and  there  is  money 
in  the  district  treasury  to  pay  the  .interest 
accruing    from    tho   above  date  to  July  1, 
1891,  on  nil  outstanding   bonds.     The   col- 
lection of  assessments  for  the  payment  of 


Map  of  Central  Irrigation  District. 


east  of  Willows  (now  the  county  seat  of 
Glenn  county.)  It  extends  southward 
from  that  r>oint  for  nearly  forty  miles,  and 
it  has  an  average  width  of  between  six  and 
seven  miles.  It  includes  w" '  " 
the  towns  of  Maxwell  and 
skirts  the  town  of  Willows. 

The  district  lies  just  to  the  west  of  th€ 
west  side  depression  of  Sacramento  valley, 
in  a  region  where  the  ev 


s  made  annuuily,  and  the 
proper  amount  set  apart  in  the  bond  fund 
for  that  purpose. 

Contracts  amounting  to  the  sum  of  $527,- 

,  000  have  been  let,  and  the  contractors  are 

1  now  at  work  excavating  aud  consti'U'jUng 

the  canal,  and  over  $2,000,000  have  been 

paid  on  the  construction  of  the  works. 

From  the  report  of  C.  E.  Grunsky,  chief 
engineer  of  the  district,  it  appears  that 
the  Central  irrigation  district  lies  in  the 
very  heart  of  Colusa  connty,  which,  as- 
Is  shown  by  the  United  States  census  of 
18*0,  did  in  thac  year  produce  2  per  cent 
'  ot  all  the  wheat  grown  in  the  United 


m-     .,-  j.  o 

This  district  is  situated  m  the  Sacra- 

mento  valley,  upon  the  west  side  of  the 
Sacramento  river.  Its  upper  or  northern- 
most  end  is  about  ten  miles  to  the  north-. 


face,  where  soils  ara  deep  alluvion  and 
where  nature  haa  granted  an  average  an- 
nual rainfall  (which  ordinarily  falls  be- 
tween December  1st  and  May  1st)  of  fif- 
j  teon  inches. 

The  Sacramento  river,  which  is  at  high 
stages  in  the  spring  of  the  year,  and  re- 
mains at  moderately  Inch  stages  until 
August,  and  which  does  not  fall  to  its 
lowest  stages  until  lute  in  autumn,  is  the 
source  of  water  supply  for  Central  irri- 
gation district. 

The  head  of  the  district  canal  will  be 
pon  tho  west  bank  of  Sacramento  riven* 
at  a  point  near  the  extreme  northern  line 
oi  Colusa  (now  Glenn)  county.  The  canal 
will  cross  Stony  creek  at  St.  Johns,  and 
will  thence  flow  in  a  southwesterly  direc- 
tion past  Willows,  where  it  will  cross  the 
M>rthern  Railway.  H-.  goneral  direction 


after  reaching  a  position  about  three  mil-as 
wcvsL  of  the  railroad,  is  southerly,  until  it 
is  west  of  Williams,  thence  it  is  south- 
easterly to  its  termination  at  Cortina 


creek.     It  will  be  cut  to  a  grade  line   fall-!  mento  valley. 


their  slope  is  away  from  the  canal  toward 
the  eastern  boundary  of  the  district, 
which  lies  near  the  bottom  of  the  depres- 
sion in  the  west-side  plain  of  the  Sacra- 


ing  one  foot  in  10,000.     its  course  through- 
,  out  is  in  heavy  soils,  and  the  loss  of  water 
in  transit  to  the  lauds  of  the   district   will 
he  small.     The  canal  wilt  carry   water   six 
teet  deep  when  lull.     It  will  be  ninety-six 
feet  wide  between   levee  centers,    eighty- 
four  feet  wide  on  the  water  surface   when 
i  full,  sixty  feet  wide  on  the  bottom,  and  its 


Near  the  canal  the  fall  of  the  land  to- 
^ardthe  castor  southeast  is  generally, 
about  ten  feet  per  mile.  It  decreases  to 
five  feet  and  even  less  as  the  eastern  edge 
of  the  district  is  approached. 

The  exceptional  smoothness  of  the  sur- 
face of  the  ground  which  prevails  in  this 
district  will  facilitate  the  manipulation  of 


:apacity  will  be  750  cubic  feet  per  second  j  the  water.  The  coat  of  preparing  lands 
(37,600  minor's  inches).  i  for  irrigation  will  be  relatively  small.  The 

These  dimensions    will  be    maintained^  extension  of  irrigation  to  all  parts  of  the 
for  a  distance  of  over  twenty  miles  to  near,  uistrict  will  be  rapid. 

Willows,  where  the  water-surface  width  of  The  quality  ol  soils  throughout  Central 
the  canal  is  first  reduced  to  79,  and  soou]  district,  which  has  a  length  of  thirty-eight 
after  to  74  feet..  As  the  canal  continues  miles,  by  an  average  breadth  of  six  miles, 
on  its  course  along  the  western  line  of  the J  and  which  contains  165,500  acres  of  land, 
district  its  width  is  gradually  reduced  mi-]  must  necessarily  be  varied.  As  a  Whole  it 
til  it  reaches  the  extreme  southern  dis-  is  good.  Some  can  be  ranked  with  the 
trict  line  with  a  water-surface  width  of  49 J  choicest  in  the  State,  and  none  will  be 
feet  and  a  bed  width  of  25  feet.  found  too  poor  to  raise  alfalfa  when  water 

Water  will  be  diverted  from  the  Sacra-  £  is  brought  to  it  under  control. 

mento    river    without    a  dam,   the  canal'  -* 

being  cut  sufficiently  deep  to  permit  a]              A  T  m  A      IvrdfTvnTnm 
free  inflow  of  water.      This  inflow  will   be              ALIA    DlSSiJilCT. 
controlled  by  means  of  a  massive  head- 
gate,  to  be  constructed  of  brick,   laid  in(  „ 

cement.     At  six  miles  below  its  head  the 

canal  will  cross  Stony  creek  at  St.  John's.  A  WELL-IHPHOVED  SECTION  OF 
Its  water  wi^l  be  conducted  under  the  mr-fri-on  r^r^^r 

creek-bed    in    seven   large  wooden  tubes.  TULARE  COUNTY. 

The  inlet  and  outlet  of  this  conduit  will'  t 

be  constructed  or  brick,   laid  in  cement. ( 


{1  Benefits  Derived  by  Irrigators  From 

of    the    canal    water,    for  the  passage  of  the  Provisions  of  the  Wriffht 

drainage  water  across  the  line  of  the  canal,  T  „_.. 

for  the  distribution  of  water  and  for  canal  l^aw. 

crossings  will  be  provided.  

At  Willows    the    canal    will    cross    the1 

Northern  Kailway,  and  approaching  the<  that  have  been  organized 

western  edge  of  the  valley  lands  will  hold  under  the  Wright  Irrigation  law  included 
a  southerly  course  to  Cortina  creek,  about  a  little  over  two  million  acres  within  their 

lengto  of  SthUethcanal  wuTbe  sixty  Su«  i  ^oundaries-  Over  one-half  of  the  tota1' 
all  across  smooth-surfaced  valley  lands.  !  nowever>  1S  comprised  m  four  districts 
Contractsrfor  the  construction  of  fifty- 1  tiaat  are  located  within  the  limits  of  Tu- 
five  miles  of  the  canal  have  been  Jet,  and  lare  and  Fresno  counties.  The  immensa 
thirty  miles  of  this  work  has  at  this  supply  of  water  in  the  rivers  of  these  sec- 
writing  been  satisfactorily  completed,  tions.'the  vast  area  af  level  lands  suscept- 

l^BO^OO^cubic  v^rds  o?  earth*  hav^beVn  ibie  of  irri8ation  and  tne  comparatively 
excavated  by  the  six  contractors  or  con-  low  cost  °r  furnishing  water  afford  the  ex- 
tracting firms  now  engaged  on  this  work,  planalion  of  this  remarkable  fact. 
at  a  total  cost  of  $209,800.  The  only  The  extensive  character  of  the  water 
structures  in  place  at  tne  present  time  are  supply  of  Tulare  county  may  be  judged 
bridges,  of  which  fifteen  have  been  com-  from  a  giance  at  the  geography  of  this  re- 

.*       i     *  \.     c*i3w  MwGii  a vv ciruou '   (rjon        Thpl'A  fl rp»  flnwincr  tivim     fHo  Qia-rf»«i« 

for  the  construction  of  the  headgate  and 

the  crossing  oi  Stony  creek.  westward   through  the  broad   plain  into 

In  addition  to  the  contracts  already  Tulare  lake,  in  Tuiare  county,  King's,  Ka- 
awarded  there  are  contracts  to  the  amount  wt\;.h  and  Tule  rivers.  White  river,  Deer 
of  $30, 000  yet  to  be  let  to  insure  the  com-  ere,- i:  :i'id  other  smaller  streams  discharge 
pletion  and  equipment  of  fifty-five  miles  Uieir  waters  into  the  valley  but  only  in  an 
oi  tne  canal,  with  check  wiers,  inlet  gates  ...  ,,  .  •y>, 

outlets,  culverts,  creek  flumes  and  works  exceptionally  heavy  winter  do  their  wateri 
for  the  crossing  of  small  coast  range  now  lilto  the  lake,  irom  the  Coast  range, 
waterways.  The  canal  will  be  further  ex-  on  ™*  vve!?t  si.de  of  the  valley,  only  a  few 
tended  as  the  necessary  rights  of  way  are  8ma"  '-reeks  is.-sue,  none  of  them  of  much 
acquired.  importance  for  irrigation,  as  they  art 

The  mam  canal  skirts  the  western  or  onl^  sma11  rills-  savo  during  the 
highest  edge  of  the  district,  which  is  gen-  wettest  portion  of  the  rainy  season, 
erally  less  than  four  miles  wide,  and,  with.  -Lviri«  3  rlver<  Par^  m  F'ffno  and  partly 
its  completion,  waUr  will  be  immediately  \n  1<rern  ™:inty,  is  the  lar-est  river  ia 
available  to  nearly  all  parts  of  the  district  bouthern  UftlnofUia,and  drama  a  catch- 
through  a  distributing  system  of  natuial  i«»ontareaofl8S8»qaaM-mil*«;  the  Kavreah 
waterways,  crossed  at  short  intervals  by  f^'fr  i.s  a  aranuiee  area  01  608  square  miles; 
the  main  canal,  and  ail  to  be  provided  r  :le  river,  446  square  miles;  Beer  creak, 
with  headgates.  ISOsquare  miles;  White  river,  96  square 

The  lands  of  the  district,  as  has  already  nule*.  Besides  tliese  there  are  a  few  smaller 
been  stated,  are  smooth-surfaced,  and!  str?ams.  wuii  W;:tei%  'sllGds  lu  t^e  lower 

— -[  iiiiia  only  taut  supply  water  to  a  small  ag- 


gregace  area  of  farming  land.    From  these  this  district   could   have    a    more  secure  j 
Streams  there  are  constructed  a  number  of  foundation,  particularly  when  it  is  borne  i 
large  canals  and  small  ditches  to  convey  in  mind  that  this  is  no  experiment,  but  ! 
the  water  to  the  farms  on  the  plains.    The   that  the  canal  system  is  already  in  opera- 
, total    value    of    these    works    is    about  tion,  most  of  the  lands  are  now  under  ir-  i 
$1,000,000.    The  largest  is  the  Seventy-six  rigation,  and  the  necessary  income  is  al- 
canal,  taken  from  the  south  side  of  King's  ready  being  derived    from  them  to  meet 
river,  and  having  a  carrying  capacity  of  every  charge  for  interest  and  redemption 
1300  cubic  feet  of  water  per  second.    This  of  the  bonds. 

canal  measures  100  feet  wide  on  the  bot-       And  now  a  word  about  the  canal  sys-  ; 
torn  and  carries  a  head  ol  water  four  feet  tern  of  the  Alta  district,  which  is  the  fa-  ; 
in  depth.    From  this  same  river  are  taken   mous  76  canai  organization.     The  water  ; 
several  other  canals  to  furnish  water  to  for  the  system  is  taken  from  King's  river, 
the  northwestern  part  of  the  county.   The   four  miles  above  the  head  of  any  other 
Kaweah  and  the  branches  forming  its  delta  canal,   the  point  of  delivery  being  in  the 
also  provide  water  for  a  number  of  large  mountains.     It  is  diverted  by  means  of 


ditches.  Others  are  taken  from  both  sides 
of  the  Tule  river,  and  two  or  three  from 
Deer  oreek.  White  river  furnishes  no 
water  for  irrigation  worthy  of  note.  The 
mean  rate  of  discharge  fjom  all  these 
streams  is  about  6500  cubic  leet  per  sec- 
ond. 
As  just  remarked,  Ijhere  are  numerous 


canal  100  feet  wide  at  the  bottom,  with 
slopes  of  three  feet  horizontal  to  one  foot 
perpendicular,  and  intended  to  carry  five 
lieet  depth  of  water.  The  fall  of  the 
canal  is  four  feet  to  th<»  mile,  and  it  will 
deliver  1400  cubic  feet  per  second.  This 
is  the  main  canal,  and  it  is  built  out  thir- 
teen miles  on  the  plains.  There  it  is  di- 


extensive  irrigation  systems  already  in  ex-  Vided  into  two  sixty-loot  canals.  One 
istence  in  Tulare  county.  Serious  objec-  called  the  Traver  branch  has  a  fall  of 
tioni,  however,  have  arisen  to  the  manner  eight  feet  to  the  mile  and  crosses  the  rail- 
in  which  these  enterprises  have  been  car-  road  at  Traver.  The  other  is  called  the 
tied  out,  and  when  the  Wright  act  was  East  branch.  This  is  a  grade  canal  run- 
passed  and  its  beneficial  workings  were  ning  around  the  eastern  and  southeastern 
demonstrated  the  district  system  was  boundaries  of  the  district.  From  these 
seen  to  promise  the  relief  that  was  so  canals  innumerable  laterals  are  built,  cov- 
much  needed.  After  considerable  discus-  ering  many  thousands  of  acres  in  the  dis- 
sion,  a  large  number  of  property-owners  trict  and  carrying  water  to  nearly  all  the 
who  were  dependent  upon  one  of  the  old  different  sections.  The  capacity  of  the 
canal  systems  tor  water  decided  to  organ-  canal  is  sufficient  to  cover  all  the  land  in 
ize  under  the  new  law,  the  result  being  |tne  district  a  foot  deep  every  forty-six 
the  formation  of  the  Alta  district.  idays. 

It  was  in  July,  1888,  that  the  organiza-  There  are  fifty-six  miles  of  main  canal, 
was  effected  and  some  30,000  acres  were  The  first  section,  as  already  mentioned, 
included  within  the  boundaries  of  the  dis-  js  thirteen  miles  long,  the  Traver  branch  is 
trict.  There  was  very  little  opposition,  twenty-live  miles  in  length  and  the  east 
the  vote  standing  326  ayes  to  19  noes.  To  branch  eighteen  miles.  The  canal  system 
make  matters  doubly  assured,  the  pro-  ,co8t  $310,000,  and  $100,000  was  paid  for  ad- 
caedings  taken  for  the  organization  of  the  ditional  water  rights,  which  will  be  uti- 
distriot  were  reviewed  by  the  Superior  |iized  to  furnish  the  entire  district  with 
Court  and  judgment  given  in  their  favor,  jwater. 
no  contest  being  made  upon  any  point.  The  diversion  of  the  water  from  the 

In  February,  1889,  an  election  for  bonds  river  into  the  c^nal  is  made  by  mean*  of 
was    held,'  and   the  bonds  were  ordered  a  brush  dam,  which  cost  $5000. 
issued  by  a  vote  of  242  ayes  to  38  noes.       The  officers  ot  the  Alta  district  are  as 
Bonds   to    the    amount  of  $675,000  were  follows:    President,   W.S.Goodwin;  sec- 
voted,    and    subsequently   the     directors  retary,   G.   H.   Weaver;  directors— W.    S. 
transferred  $410,000  worth  in  payment  for  Qoodwin,   E.  E.   Giddines,   P.  Y.  Baker, 
the  water  rights  and  irrigation  system  of  j.  D.  Vannoy  and  T.  L.  Reed. 
the  '76  Canal  Company.  The  benefits  of  the  district  system  of 

The  security  that  exists  for  these  bonds  irrigation  have  a  full  exemplification  in 
may  be  judged  from  the  fact  that  the  as-  tue  history  of  the  Alta  district.  When 
sessed  valuation  of  the  property  in  the  <tne  '76  canal  was  in  the  hands  of  the 
district  is  $2,507,000,  the  actual  valuation  'original  owners,  those  desiring  water  were 
being  from  50  to  100  per  cent  greater.  jrequired  to  pay  $5  per  acre  for  the  privi- 
About  two-thirds  of  the  lands  are  already  iege  o{  obtaining  it,  and  an  additional 
under  irrigation,  and  within  a  few  years  sum  of  59  cents  per  acre  per  annum  to 
the  entire  district  will  be  cultivated  by  ifceep  the  caual  in  repair.  During  the  last 
the  aid  of  water.  two  or  three  years  of  its  existence  the 

This  district  affords  one  of  the  best  ex-  'company  had  doubt.«d  on  its  rates  as  above 
amples  of  the  great  addition  made  to  the  |given.  But  counting  the  figures  as  first 
value  of  land  by  irrigation.  Land  in  this  !given  and  allowing  interest  on  the  invest- 
section  which  has  no  hope  of  a  water  sup-  nient  at  the  rate  of  10  per  cent,  it  will  be 
piy  is  slow  of  sale  at  $1  an  acre.  The  8een  that  in  twenty  years  the  farmer 
same  land,  when  supplied  with  water,  but  Uyould  have  expended  $25  per  acre  lor  ir- 


still  unimproved,  brings  readily  from  $50 
to  $75  an  acre,  and  when  improved  the 
value  is  quadrupled,  and  even  more.  Yet 
the  average  coi-st  per  acre  of  supplying 
'water  is  but  $5  19.  Thus  with  this  small 
expenditure  valueless  lands  are  increased 
several  thousand  per  cent. 


•igating  the  land,  and  at  the  end  of  that 
time  would  have  had  no  proprietary  in- 
terest in  the  water  of  the  canal.  Simply 
the  privilege  of  continuing  to  pay  this  w 
price,  or  any  other  sum  the  '76  company 
chose  to  collect,  for  the  next  thirty  years. 
There  are  130,000  acres  of  land  in  the 


In  view  of  these  perfectly  well  substan-  jdistrjct.  Bonds  have  been  sold  to  the 
tiated  facts  it  certainly  will  be  difficult  to  bmount  of  $410,000  and  it  will  require  an 
specify  in  what  particular  the  bonds  of  Additional  $65,000  to  complete  the  water 


system—  making  a  total  cost  of  $475, 000. 
This  is  a  debt  ot  only  $3  65  an  acre.  The 
average  yearly  running  expenses  will  be 
abouD  20  cents  an  acre  and  the  interest  on 
the  bonds  about  about  22  cents  an  acre  an- 
'nually.  Thus  figured  this  is  an  expense 
of  only  $12  05  an  acre  in  twenty  years- 
less  than  half  the  price  that  would  be 
paid  to  the  '76  company.  These  figures 
are  based  on  acreage.  There  will  be  a  re- 
duction on  acreage,  however,  from  the 
fact  that  improvements  are  assessed,  and 
this  includes  town  lots  in  five  thriving 
towns  and  an  assessment  on  two  lines  of 
railroad. 

KRAFT  DISTRICT. 


AMPLE  SECURITY  FOR  THE  BONDS 
THAT  ARE  ISSUED, 


A  Good  Source  of  Supply  Available 

at  Low  Cost—The  Engineer's 

Report. 


The  Kraft  irrigation  district  was  organ- 
ized In  1888  under  the  Wright  act.  It  is 
located  on  the  north  side  of  Stony  creek 
and  in  the  counties  of  Colusa  and  Tehama. 
The  district  is  particularly  well  adapted 
for  irrigation,  having  a  light  porous  soil 
almost  entirely  level,  with  a  gentle  slope 
of  eight  or  nine  feet  to  the  mile  toward 
the  Bacramento  river.  It  is  situated  be- 
tween two  streams,  Stony  and  Dry  creeks. 
The  former  is  in  reaJUty  a  river,  rising  in 
the  coast  rangs,  not  far  from  Clear  lake, 
and  flowing  in  a  northerly  'direction 
between  some  low  hills  and  the  foot  of  the 
mountains  and  receiving  the  wnole  drain- 
age of  their  eastern  flank  for  orer 
sixty  mile«.  It  drains  a  water  shed  of 
over  300  aqiwe  miles  with  an  average  rain-  j 
fall  of  twenty-five  inches  per  annum.  It 
breaks  through  the  foothills  at  the  Black 
or  Stony  creek  buttes  and  flows  eastward 
to  the  Sa.cramento  river. 

Kraft  district  comprises  13,500  acres,  and 
was  organized  with  only  two  dissenting 
votes.  The  bonds  were  voted  unani- 
mously to  the  amount  of  $80,000,  or  $6  per 
acre.  The  land  in  the  district  is  assessed 
by  the  county  at  $15  and  $17  per  acre,  and 
sells  at  from  $30  to  $45  per  acre.  The 
whole  proceeding  in  the  organization  and 
issue  of  bonds  has  been  approved  by  the 
Superior  Court.  The  preliminary  ana 
permanent  surveys  are  made,  and  every- 
thing is  ready  to  go  to  work  just  aa  soon 
as  the  bon'-ls  are  sold. 

This  section  is  capable  of  producing  any 
kind  of  fruit  grown  in  California,  and 
much  earlier  than  in  many  of  the  south- 
ern counties.  At  present  there  are  very 
nearly  3000  orange  trees  in  this  district. 
Two  years  ago  the  Board  of  Horticulture 
reported  1963.  They  are  all  doing  very 
well,  most  of  them  without  any  water 
whatever.  M.  Billiou  has  twenty-five 
bewaring  orange  trees  that  have  never 


ha,d  water,  but  still  are  doing  as  nneiy  as  i 
any  in  the  State.  Grnpes  also  do  very 
well  without  water.  The  climate  in  ad- 
mirably suited  to  the  raising  of  all  fruits.  I 
The  average  temperature  is  62  deg. ;  aver-  t 
age  rainfall,  16  inches.  The  frost  is  very 
light,  some  years  none  whatever  appear- 
ing. The  district  lies  on  a  sort  of  wash 
from  the  mountains  and  is  consequently  a 
little  raised  from  the  surrounding  land. 
The  soil  is  light  and  porous  and  is  conse- 
quently warmer  than  the  heavier  soil  in 
the  surrounding  region.  "With  plenty  of 
water,  which  can  be  very  easily  obtained, 
this  section  will  make  one  of  the  best 
fruit  growing  localities  in  the  State. 
Wherever  fruit  has  been  grown  on  a 
small  scale  with  the  help  of  a  little  irriga- 
tion it  has  done  remarkably  well. 

The  proposed  plan  of  irrigation  will  be 
one  of  the  easiest  and  cneapest  in  the 
State.  The  source  of  supply  will  be  from 
Stony  creek.  A  dam  will  be  put  across 
that  stream  where  it  flows  between  two 
buttes,  and  starting  from  bedrock  will  be 
about  sixteen  feet  in  height,  which  will 
raise  the  water  four  feet  above  the  present 
level.  The  length  of  the  dam  will  be 
about  5CO  feet,  and  it  will  be  built  of 
heavy  timber,  after  the  crib  style.  The 
main  canal  will  start  from  the  head  of  the 
dam  and  will  be  sixteen  feet  wide  at 
the  bottom  and  will  carry  three  feet  depth 
of  water.  Starting  irom  the  dam 


Kraft  Irrigation  District. 


i  it  runs  in  an  ens  teriy  direction  for  six 
i  miles,  where  it  branches  out  into  three 
'[sections.  These  branches  will  be  ten  feet 


wide    at    the    bottom  and  the  combined 

length  of  seventeen  miles.     A  natural  dry 

creek  will  be    utilized    tor  two  and  a  half 

rniles  of  the  six  miles  of  main  creek.     The 

district  is  so  level  that  the  deepest  cut 

will  only  be  about  eleven  feet,    and  that 

only  for  about  300  feet.      The  average  cut 

>f  the  mam  ditch  will  only  be  about  five 

eet  and  that  of  the  branches  about  two 

eet.     The  soil  being  light,  the  expense  of 

;he  ditches  will  be  comparatively  small. 

in  fact  the  work  to  be  done  in  the  district 

will  be  less  expensive  than  almost  any 

ther  district  in  the  State.     The  total  cost 

of  the  excavating  is  estimated   at  $30,800, 

and  that  of  the  structures,  including  dam, 

head  gate,  waste   crate,   check  weirs,  etc., 

and  10  per  cent  for  engineer  expenses  and 

contingencies,  is  $31,440,  making  the  whole 

estimated  expense  of  netting  everything 

n  running  order,   $62?240.     This   is  only 

>4  62  on  the   acre.     This   entire  work  can 

>e    completed    in    six  months    after   the 

bonds  are  sold,    and  it  is  estimated  that 

.ands  now   being  neld  from  $25  to  $35  per 

acre  will  be  sold  for  at  least  $100  when  the 

ditches  are   completed.     The  land    in  the 

present  district  comprises  13,000  acres,  but 

.here  are  25,004  more  of  the  finest  land  in 

;he  State  that  was  not  originally  included 

n  the  district  when  formed,   but  will  be 

eventually  compelled  to  draw   its  water  j 

supply  from  this  district. 

The  prim  9  movers  in  the  organization 
of  this  district  were  J.  H.  Rodgera,  T.  Z. 
Knock,  M.  O'Hair,  William  O'Hair,  J.  B. 
Morrioey  and  Thomas  Brown.  The  offi- 
cer* of  the  district  are:  Thomas  Brown, 
president:  C.  0.  Scribner.  treasurer; 
William  Miller,  secretary ;  C.  E.  Grunsky, 
engineer.  Directors— Thomas  Brown,  J. 
B.  Morricey,  W.  O'Hair,  Samuel  Ellison 
and  J.  H.  Kraft. 

In  January,  1888,  preliminary  surveys 
were  made  tor  the  Kraft  irrigation  dis- 
trict by  C.  E.  Grunsky  to  "determine  what 
works  would  be  necessary  for  its  irriga- 
tion, and  to  serve  as  a  basis  for  the  esti- 
mates of  cost  about  to  be  made  by  the 
board  of  directors  of  the  district.  From 
the  report  submitted  by  him  at  that  time 
the  following  extracts  are  made: 

'Stony  creek,  which  is  your  source  of 
water  supply,  emerges  from  between  out- 
lying hills  of  the  Coast  range,  about  ten 
miles  wesj  of  Orland.  Lava  capped  buttes 
rise  to  tbe  height  of  100  feet  or  more  upon 
each  side  of  the  creek  at  this  point.  Creek 
bottom  lands,  which  gradually  widen  as 
the  creek  flows  eastwa:d,  flank  the  creek 
below  the  point  indicated,  ,and  gradually 
merge  into  the  west  side  plains  of  the 
Sacramento  valley.  The  greatest  portion 
oi  the  bottom  lands  that  thus  lie  between 
the  low  hills  and  mesas,  forming  the  east- 
most  spura  of  the  Coast  range,  is  upon  the 
south  side  of  the  creek.  The  creek  fol- 
lows quite  closely  the  low  bluff  or  de- 
clivity, in  which  the  hills  and  mesas  along 
its  north  bank  break  off  toward  the  creek. 
"Stony  creek  has  a  catchment  basin  be- 
tween the  summit  of  the  Coast  range  and 
an  outlying  eastern  spur  of  the  mountains 
which  has  an  area  of  about  740  square 
miles.  Although  some  snow  falls  every 
winter  in  the  higher  portion  of  the  drain- 
age basin,  none  of  this  lies  on  any  of  the 
mountains  throughout  the  year.  Most  of 
the  snoiy  which  falls  within  the  line  of  the 
creeks  watershed  melts  early  each  season, 
and  after  the  spring  months  the  flow  of 


the  creek  gradually  decreases,  reaching  its 
lowest  stage  at  some  time  in  the  months 
of  July  to  September.  Even  at  its  lowest 
stage  the  creek  has  a  flow  of  atjout  thirty 
cubic  feet  per  secon/i  (1500 miner's  inches). 
This  water  remains  visible  in  the  bed  of  > 
the  creek  to  near  the  point  where  Stony 
creek  passes  between  the  buttes,  then 
rapidly  disappear*,  sinking  into  the  gravel 
deposits  in  the  bed  of  the  creek,  and  in  or- 
dinary seasons  the  water  of  the  creek  at 
its  lowest  stage  does  not  reach  the  ridge 
near  Orland. 

"The  flow  of  the  creek  at  an  ordinary 
water  stage  ranges  from  500  to  1000  cubic 
feet  per  second,  and  at  its  high  stages  the 
creek  carries  irom  fite  to  twenty  times 
more  than  the  greatest  amount  named. 

"The  mean  annual  rain  Ml,  averaged  for 
the  entire  drainage  baein  of  Stony  creek, 
is  about  twenty-five  inches.  JJ early  all 
of  thi£  rain  falls  at  irregular  intervals  be- 
tween the  1st  of  December  and  the  1st  of 
May  of  each  season.  Heavy  rains  after 
the  1st  of  May  are,  however,  not  infre- 
quent. 

"A«  the  drainage  basin  of  Stony  or««ki« 
for  the  most  part  a  region  of  hills  and  low 
mountains,  the  moisture  which  falls  in  it 
flows  to  the  creek  quite  rapidly,  and  the 
creek  does  not  maintain  its  winter  flow 
long  after  the  close  of  the  rainy  season. 

"The  creek  can  be  relied  on  to  supply  ap 
abundance  of  water  to  all  lands  that  are 
susceptible  of  irrigation  from  it  during  the 
winter  months  and  as  late  as  June  of  each 
year.  After  that  time  the  flow  of  the 
creek  decreases  gradually,  and,  as  already 
stated,  the  flow  at  its  lowest  staee  is  small. 
"There  can  be  no  question  as  to  the  re- 
liability of  Stony  creek  as  a  source  of  water 
supply  for  the  lands  of  Kraft  irrigation 
dis'trict,  whether  the  diversion  of  water 
for  the  use  of  the  district  be  made  at  the 
point  where  the  flow  of  the  creek  is  peren- 
nial or  at  some  convenient  point  further 
down  stream.  At  the  same  time  it  must 
be  borne  in  mind  that  the  higher  up  the 
creek  toward  the  buttes  that  the  diversion 
be  made  the  more  reliable  does  the  creek 
become  as  a  source  of  supply,  and  the 
longer  (within  short  limits)  will  be  the 
time  of  a  free  flow  in  the  district  canals 
each  season.  All  else  being  equal  it  is 
therefore  desirable  to  make  diversion  as 
high  up  the  stream  as  can  conveniently 
be  done. 

"The  lands  of  Kraft  irrigation  district, 
with  but  slight  exception,  are  very  favor- 
ably located  for  irrigation.  The  area  of 
irrigable  lands  in  the  district  is  about 
12,000  acres.  The  surface  of  the  ground  is 
quite  smooth,  and  has  a  fall  from  west  to 
east  of  about  thirteen  feet  per  mile.  Sev- 
eral low,  flat-topped,  broad  ridges  extend 
through  the  district  from  west  to  east,  and 
on  these  it  is  proposed  co  locate  the  main 
canals  whenever  practicable.  These  ridges 
are  only  three  to  seven  feet  higher  than 
the  broad  depressions  between  them." 

The  security  which  the  bonds  of  this 
district  afford  can  be  seen  from  the  follow- 
ing facts:  The  vote  on  district  organiza- 
tion and  issuance  of  bonds  was  unani- 
mously in  favor  thereof.  The  Superior 
Court  has  affirmed  all  the  proceedings. 
The  assessed  value  of  the  district  is  $250,- 
000,  or  more  than  three  times  the  bonded 
indebtedness,  while  by  the  aid  of  water 
this  value  will  be  increased  several  hun- 
dred per  cent.  In  fact  there  is  no  (* 'strict 


in  the  State  which  has  a  better  foundation 
than  this. 


Selling    the    Bonds. 

As  will  be  seen  in  the  foregoing  article 
on  irrigation,  there  have  been  thirty  dis- 
tricts formed  embracing  about  3,000,000 
acres  of  land,  for  the  irrigation  of  which 
$11,000,000  worth  of  bond?  have  been 
floated.  Investors  seeking  information 
relative  to  bonds  of  any  issue  can  obtain 
it  from  I.  R.  Wilbur,  room  85,  CHRONICLE 
building.  He  is  largely  interested  in  the 
placing  of  these  irrigation  bonds,  and  has 
thus  far  placed  about  $800,000  worth..  He 
has  correspondents  in  all  pai'ts  of'  the 
world,  and  so  is  peculiarly  well  able  to 
negotiate  their  sale  and  place  them  ad- 
vantageously. These  bonds  are  the  best 
security  obtainable,  from  the  fact  that  the 
Supreme  Court  has  held  repeatedly  that 
the  law  maKing  them  a  first  lien  on  the 
property  covered  by  them  is  perfectly 
sound.  In  other  words,  no  indebtedness 
against  the  land  can  be  collected  until 
these  bonds  are  redeemed. 


IRRIGATION    IX     CALIFORNIA. 


The  CHRONICLE  in  its  issue  of  this  morn- 
ing presents  a  complete,  accurate  and  ex- 
haustive study  of  the  subject  of  irrigation 
in  California,  a  subject  which  is  second  in 
importance  to  nothing  in  the  history  of 
the  State,  the  discovery  of  gold  not  ex- 
cepted.  It  has  taken  the  question  up  in 
all  its  bearings,  showing  the  origin  and 
growth  of  the  system,  its  application  in 
practical  use,  the  results  already  attained 
and  the  future  which  attends  it. 

This  the  CHRONICLE  has  done  because  it' 
recognizes  the  necessity  for  what  may  well 
be  called  an  active  campaign  of  education. 
The  State  system  of  irrigation,  begun  un- 
der the  act  of  the  Legislature  known  as 
the  Wright  law,  and  carried  along  by  acts 
supplementary  to  and  confirmatory  of  the 
original  law,  provides  for  the  creation  ot 
irrigation  districts  and  the  issuance  and 
sale  of  bonds  of  such  districts'to  provide 
funds  for  the  necessary  irrigation  work. 
To  explain  the  system,  to  enlist  public 
sentiment  on  the  side  of  irrigation,  to  de- 
monstrate the  value  of  the  security  which 
the  bonds  of  properly  and  legally  consti- 
tuted districts  otter,  and  to  convince  capi- 
tal that  it  has  nothing  to  fear  from  invest- 
ment in  such  securities,  has  been  the  con- 
stant aim  and  purpose  of  the  CHRONICLE, 
and  that  aim  and  purpose  finds  its  highest 
expression  and  fullest  fruition  in  the 
present  issue. 

To  make  a  full  and  fair  presentation  of 
the   case,    the  CHRONICLE  has  not   been 
of  pains,  labor,  time  or  money. 


Not  only  has  it  collated  facts  and  statistics 
on  the  subject  of  irrigation,  but  it  has 
elicited  and  publishes  to-day  the  opinions 
of  capitalists,  business  men,  lawyers  and 
students  of  irrigation  questions;  and  to 
every  Californian  the  opinions  of  such 
men  as  C.  P.  Huntington,  Francis  G. 
Newlands,  A.  L.  Rhodes  and  JL  R.  Jarboe 
will  carry  absolute  conviction,  since  they 
are  not  given  to  putting  their  signatures 
to  documents  which  are  not  the  result  of 
close  study  and  careful  inquiry  and  con 
sideration. 

In  addition  to  these  the  CHRONICLE  pre- 
sents the  opinions  of  bankers  and  capital- 
ists, men  who  have  money  of  others  and 
of  their  own  to  invest,  and  whose  indorse- 

;  ment  of  irrigation  bonds  is  based,  not 
upon  sentiment,  but  upon  the  cold,  calcu- 
lating principles  of  business;  men  whose 
judgment  is  almost  unerring  and  who 
have  developed  a  sort  of  sixth  sense,  that 
of  detecting  at  a  glance  a  safe  and  desir- 
able investment.  These  men  do  not  hesi- 

]  tate  to  say  what  they  think  of  the  system 

>  of  irrigation  which  has  been  adopted  in 
California,  and  it  is  safe  to  trust  to  their 
judgment. 

It  may  be  said  with  entire  truth  that 
the  only  serious  obstacle  to  the  rapid  ad- 
vancement of  the  irrigation  system  of 
California  is  unfamiliar! ty  with  the  sub- 
ject. The  plan  of  uniting  the  water  and 
the  land  is  comparatively  a  new  one,  the 
bonds  of  the  various  districts  are  a  novel 
kind  of  security  and  the  whole  thing  is 
regarded  with  some  querying,  if  not  with 
real  suspicion,  simply  because  it  is  not 
understood.  It  has  been  the  aim  of  the 
CHRONICLE,  particularly  in  this  special 
number,  to  remove  the  general  ignorance 
and  unfamiliarity  with  this  question,  and 
we  cannot  believe  that  we  have  come  in 
any  way  short  of  success. 

The  CHRONICLE  desires,  with  all  the 
earnestness  possible,  to  impress  upon 
every  citizen  of  California  the  vast  im- 
portance of  this  matier  of  irrigation.  It 
is  a  subject  in  which  the  State  as  a  whole 
is  or  should  be  interested.  As  Secretary 
Rusk  of  the  Department  of  Agriculture 
said  after  his  return  from  a  visit  to  the 
State,  California  has  infinite  possibilities 
of  development  in  the  varied  domain  of 
agriculture,  and  it  is  certain  that  the  future 
of  the  State  is  indissolubly  connected  with 

I  the  question  of  irrigation.    In  no  other 


way  than  by  irrigation  can  the  farmers, 
the  horticulturists  and  the  viticulturists 
of  this  State  insure  themselves  against  the 
deficient  crops  consequent  upon  a  dry 
winter;  but  with  a  complete  and  properly 
managed  irrigation  system  they  may  defy 
the  frowns  of  Jupiter  Pluvius  and  be  prac- 
tically independent  of  a  dry  season. 

The  united  effort  of  all  the  newspapers 
in  California,  were  such  a  combination 
imaginable,  could  not  advance  the  inter- 
ests of  irrigation  without  the  co-operation 
of  the  people  of  the  State.  We  can  only 
point  out  the  way.  The  march  of  progress 
and  prosperity  must  be  made  by  the  peo- 
ple. We  have  shown  that  the  advance- 
ment of  the  material  interests  of  Califor- 
nia is  dependent  upon  the  success  of  the 
irrigation  system,  and  have  demonstrated 
in  every  way  possible  the  merits  and  ad- 
vantages of  the  scheme.  Here  we  must 
stop.  The  people  must  decide  for  them- 
selves, and,  having  decided,  must  act.  We 
have  made  what  we  firmly  believe  to  be  a 
perfect  case  for  the  cause  of  irrigation  in 
California,  and  we  can  do  no  more. 

The  CHRONICLE  cannot  believe  that  the 
people  of  this  State  are  BO  blind  to  their 
own  interests  as*  to  disregard  the  lessons 
which  this  paper  has  been  instrumental 
in  teaching,  or  to  pass  over  without  study 
or  attention  the  array  of  facts,  figures 
and  expert  opinion  which  is  presented  to 
them.  Californians  are  too  intelligent  to 
neglect  or  overlook  a  matter  which  is  so 
direct^  in  their  own  interest,  and  the 
CHRONICLE  takes  a  proper  and  justifiable 
pride  in  asserting  that  its  present  issue 
is  in  effect  a  cyclopedia  ol  information 
and  opinion  on  the  great  question  of  the 
day,  and  that  no  citizen  of  California  can 
afford  to  neglect '  the  lessons  whidh  it 
teaches. 


OF  THE 

TJHIVBESITT 


ORGANIC  ACT. 


FROM  THE  POLITICAL  CODE  OF  CALIFORNIA. 


ARTICLE  I. 


OBJKCT   OF   UNIVERSITY. 

SECTION  1385.  The  University  of  California  (located  in  Alamed a  County) 
has  for  its  object  general  instruction  and  education  in  air  the  departments 
of  science,  literature,  art,  industrial  and  professional  pursuits,  and  special 
instruction  for  the  professions  of  agriculture,  the  mechanic  arts,  mining, 
military  science,  civil  engineering,  law,  medicine,  and  commerce. 

COLLEGES   TO    BE   MAINTAINED. 

SEC.  1386.     There  must  be  maintained  in  the  University: 

1.  A  College  of  Letters; 

2.  A  College  or  Colleges  of  Science,  including  Agriculture,  Mechanics, 
Mining,  Engineering,  Chemistry,  and  such  other  specialties  as  the  Board  of 
Regents  may  determine; 

3.  Colleges  of  Medicine  and  Law; 

4.  Such  other  Colleges  as  the  Board  of  Regents  may  establish. 

SCOPE   OP    COLLEGE   OF   LETTERS. 

SEC.  1387.  The  College  Of  Letters  must  embrace  a  liberal  course  of 
instruction  in  language,  literature,  and  philosophy. 

COURSE   OF   INSTRUCTION. 

SEC.  1388.  Each  full  course  of  instruction  consists  of  its  appropriate 
studies  and  courses,  to  be  determined  by  the  Board  of  Regents. 

PRESIDENT   OF   THE   UNIVERSITY. 

SEC.  1389.  The  President  of  the  University  is  the  executive  head  of  the 
institution  in  all  its  departments,  except  as  herein  otherwise  provided. 

DUTIES    OF    PRESIDENT. 

SEC.  1390.  He  must,  subject  to  the  Board  of  Regents,  give  general  direc- 
tion to  the  practical  affairs  of  the  several  Colleges,  and  in  the  recess  of  the 
Board  of  Regents  may  remove  any  employe  or  subordinate  officer  not  a 
member  of  any  Faculty,  and  supply,  for  the  time  beftig,  any  vacancies  thus 


118  REGISTER   OF  THE 


created  ;  and  until  the  Regents  otherwise  direct,  he  is  charged  with  the 
duties  of  one  of  the  professorships. 

GOVERNMENT    AND   DISCIPLINE. 

SEC.  1391.  The  immediate  government  of  the  several  Colleges  is 
intrusted  to  their  respective  Faculties,  each  of  which  must  have  its  own 
organization,  regulate  its  own  affairs,  and  may  recommend  the  course  of 
study  and  the  text-books  to  be  used. 


SEC.  1392.  Any  resident  of  California,  of  the  age  of  fourteen  years  or 
upwards,  of  approved  moral  character,  may  enter  himself  in  the  University 
as  a  student  at  large,  and  receive  tuition  in  any  branches  of  instruction  at 
the  time  when  the  same  are  given  in  their  regular  course,  on  such  terms  as 
the  Board  of  Regents  may  prescribe. 

FEES   AND   BATES   OP   TUITION.* 

SEC.  1393.  An  admission  fee  and  rates  of  tuition  fixed  by  the  Board  of 
Regents  must  be  required  of  each  pupil,  except  as  herein  otherwise  pro- 
vided. 

SEC.  1394.  As  soon  as  the  income  of  the  University  shall  permit,  admis- 
sion and  tuition  must  be  free  to  all  residents  of  the  State ;  and  the  Regents 
must  so  apportion  the  representation  of  students,  according  to  population, 
that  all  portions  of  the  State  may  enjoy  equal  privileges  therein. 

FREE   SCHOLARSHIP. 

SEC.  1395.  If  approved  by  the  Board  of  Regents,  scholarships  may  be 
established  in  the  University  by  any  persons,  for  the  purpose  of  private 
benefaction  or  of  affording  tuition  in  any  course  of  the  University  free  from 
the  ordinary  charges,  to  any  scholar  in  the  public  schools  of  the  State  who 
may  distinguish  himself  in  study,  according  to  the  recommendation  of  his 
teachers,  and  who  passes  the  examination  required  for  the  grade  at  which 
he  wishes  to  enter  the  University. 

COLLEGES   MAY   BE   AFFILIATED    WITH   THE   UNIVERSITY. 

SEC.  1396.  The  Board  of  Regents  may  affiliate  with  the  University  any 
incorporated  college  of  medicine,  law,  or  other  special  course  of  instruction, 
upon  such  terms  as  may  be  deemed  expedient.;  and  such  college  may 
retain  the  control  of  its  own  property,  have  its  own  Boards  of  Trustees, 
Faculties,  and  Presidents,  respectively  ;  and  the  students  of  such  Colleges 
recommended  by  the  respective  Faculties  thereof  may  receive  from  the 
University  the  degrees  of  those  Colleges. 

*  Tuition  is  now  wholly  FREE  to  residents  of  the  State  in  the  Colleges  of  Science  and 
of  Letters.  • 


UNIVERSITY  OF  CALIFORNIA.  119 


ANNUAL   EXAMINATION   FOR   DKGRKES. 

SEC.  1397.  The  examinations  for  degrees  must  be  annual.  Students 
who  have  passed  not  less  than  a  year  as  residents  in  any  college,  academy, 
or  school  in  this  State,  and  who,  after  examination  by  the  Faculty  thereof, 
are  recommended  by  them  as  proficient  candidates  for  any  degree  in  any 
regular  course  oi  the  University,  must  be  examined  therefor  at  the  annual 
examination;  and  on  passing  such  examination,  may  receive  the  degree 
and  diploma  of  that  course,  and  rank  as  graduates. 

SEC.  1398.  All  students  of  the  University  who  have  been  residents 
thereat  for  not  less  than  one  year,  and  all  graduates  thereof,  may  present 
themselves  for  examination  in  any  course  at  the  annual  examinations,  and 
on  passing  such  examination,  may  receive  the  degi'ee  and  diploma  of  that 
course. 

SEC.  1399.  Upon  such  examinations  each  professor  and  instructor  of  that 
course  may  cast  one  vote,  by  ballot,  upon  each  application  for  recommenda- 
tion to  the  Board  of  Regents  for  a  degree. 

DEGREES   TO   GRADUATES   OF   AFFILIATED   COLLEGES. 

SEC.  1400.  Graduates  of  the  College  of  California,  and  of  any  incorpo- 
rated college  affiliated  with  the  University,  may  receive  the  degrees  from 
and  rank  as  graduates  of  the  University. 

CERTIFICATES    OF    PROFICIENCY. 

SEC.  1401.  The  Board  of  Eegents  may  also  confer  certificates  of  profi- 
ciency in  any  branch  of  study  upon  such  students  of  the  University  as  upon 
examination  are  found  entitled  to  the  same. 

DEGREES. 

SEC.  1402.  The  proper  degree  of  each  College  must  be  conferred  at  the 
end  of  the  course  upon  such  students  as,  having  completed  the  same,  are 
found  proficient  therein. 

DEGREES   IN   COLLEGE   OF    LETTERS. 

SEC.  1403.  The  degree  of  Bachelor  of  Arts,  and  afterwards  the  degree  of 
Master  of  Arts,  in  usual  course,  must  be  conferred  upon  the  graduates  of 
the  College  of  Letters. 

SYSTEM    OF    MAIfUAL   LABOR   IN  CONNECTION  WITH   THE  AGRICULTURAL  COLLEGE. 

SEC.  1404.  A  system  of  moderate  manual  labor  must  be  established  in 
connection  with  the  Agricultural  College,  upon  its  agricultural  and  orna- 
mental grounds,  for  practical  education  in  Agriculture  and  landscape  gar- 
dening. 

SECTARIAN,  ETC.,  TESTS    PROHIBITED. 

SEC.  1405.     No  sectarian,  political,  or  partisan  test  must  ever  be  allowed 


120  REGISTER   OF  THE 


or  exercised  in  the  appointment  of  Regents  or  in  the  election  of  professors, 
teachers,  or  other  officers  of  the  University,  or  in  the  admission  of  students 
thereto,  or  for  any  purpose  whatsoever ;  nor  must  the  majority  of  the  Board 
of  Regents  be  of  any  one  religious  sect  or  of  no  religious  belief. 

* 

ARTICLE  II. 

ENDOWMENT   OF   UNIVERSITY. 

SKC.  1415.     The  endowment  of  the  University  is  : 

1.  The  proceeds  of  the  sale  of  the  seventy-two  sections  of  land  granted 
to  the  State  for  a  seminary  of  learning  ; 

2.  The  proceeds  of  the  ten  sections  of  land  granted  to  the  State  for  public 
buildings  ; 

3.  The  income  derived  from  the  investments  of  the  proceeds  of  the  sale 
of  the  lands,  or  of  the  scrip  thereof,  or  of  any  part  thereof,  granted  to  this 
State  for  the  endowment,  support,  and  maintenance  of  at  least  one  college, 
where  the  leading  object  shall  be,  without  excluding  other  scientific  and 
classical  studies,  and  including  military  tactics,  to  teach  such  branches  of 
learning  as  are  related  to  agriculture  and  the  mechanic  arts  ; 

4.  The  income  of  the  fund  set  apart  by  "  An  Act  for  the  endowment  of 
the  University  of  California,"  approved  April  second,  eighteen  hundred 
and  seventy,  which  is  continued  in  force  ; 

5.  Donations ; 

6.  The  State  of  California,  in  its  corporate  capacity,  may  take  by  grant, 
gift,  devise,  or  bequest,  any  property  for  the  use  of  the  University,  and  hold 
the  same,  and  apply  the  funds  arising  therefrom,  through  the  Regents  of 
the  University,  for  the  support  of  the  University,  as  provided  in  Article  IX, 
section  four,  of  the  Constitution. 

7.  The  Regents  of  the  University,  in  their  corporate  capacity,  may  take 
by  grant,  gift,  devise,  or  bequest,  any  property  for  the  use  of  the  University, 
or  of  any  College  thereof,  or  of  any  professorship,  chair,  or  scholarship 
therein,  or  for  the  library^,  an  observatory,  workshops,  gardens,  greenhouses, 
apparatus,  a  Students'  Loan  Fund,  or  any  other  purpose  appropriate  to  the 
University  ;  and  such  property  shall  be  taken,  received,  held,  managed,  and 
invested,  and  the  proceeds  thereof  used,  bestowed,  and  applied  by  the  said 
Regents,  for  the  purposes,  provisions,  and   conditions  prescribed  by  the 
respective  grant,  gift,  devise,  or  bequest  ; 

8.  The  Regents  of,  the  Univesity  may  invest  any  of  the  permanent  funds 
of  the  University,  which  are  now,  or  hereafter  may  be  in  their  custody,  in 
productive  unincumbered  real  estate  in  this  State,  subject  to  the  power  of 
the  Legislature  to  control  or  change  such  investment,  excepting  such  as  by 
the  terms  of  their  acquisition  must  be  otherwise  invested  ; 


UNIVERSITY  OF  CALIFORNIA. 


121 


9.  If  by  the  terms  of  any  grant,  gift,  devise,  or  bequest,  such  as  are 
described  in  the  preceding  sixth  and  seventh  subdivisions,  conditions  are 
imposed  which  are  impracticable  under  the  provisions  of  the  Civil  Code, 
such  grant,  gift,  devise,  or  bequest  shall  not  thereby  fail,  but  such  condi- 
tions shall  be  rejected,  and  the  intent  of  the  donor  carried  out  as  near  as 
may  be. 


AETICLE  III. 

UNIVERSITY   CONTROLLED   BY   REGENTS. 

SEC.  1425.  The  University  is  under  the  control  of  a  Board  of  Regents, 
consisting  of  twenty-two  members  ;  but  the  President  of  the  University  for 
the  time  being,  shall  be  a  member  of  the  Board  of  Regents  by  virtue  of  his 
office. 

SIXTEEN    REGENTS    APPOINTED   BY   THE   GOVERNOR. 

SKC.  1426.  Sixteen  members  of  the  Board  are  appointed  by  the  Governor, 
with  the  advice  and  consent  of  the  Senate.  Their  term  of  office  is  sixteen 
years. 

APPOINTMENT    OP    SIX    OTHER    REGENTS. 

SEC.  1427.  Six  members  of  the  Board  hold  by  virtue  of  other  offices,  as 
provided  in  section  three  hundred  and  fifty-three.*" 

VACANCIES. 

SEC.  1428.  Whenever  a  vacancy  occurs  in  the  Board,  the  Governor  must 
appoint  some  person  to  fill  it,  and  the  person  so  appointed  holds  for  the 
remainder  of  the  term. 

PRESIDENT    OF   THE   BOARD. 

SEC.  1429.     The  Governor  is  President  of  the  Board. 

QUORUM. 
SEC.  1430.     Seven  members  constitute  a  quorum  of  the  Board. 

REGENTS   RECEIVE    NO    COMPENSATION. 

SEC.  1431.     The  members  receive  no  compensation. 

i 

GENERAL   POWERS   AND   DUTIES    OF   REGENTS. 

SEC.  1432.     The  powers  and  duties  of  the  Board  of  Regents  are  as  follows: 

1.  To  meet  at  such  times  and  places  as  their  rules  may  prescribe,  or  at  the 
call  of  the  President  of  the  Board; 

2.  To  control  and  manage  the  University  and  its  property; 

3.  To  prescribe  rules  for  their  own  government  and  for  the  government 
of  the  University; 

*  Section  353  provides  that  the  Governor,  Lieutenant-Governor,  Speaker  of  the  Assem- 
bly, Superintendent  of  Public  Instruction,  President  of  the  State  Board  of  Agriculture, 
and  President  of  the  Mechanics'  Institute  of  San  Francisco,  are  ex  officio  Regents  of  the 
University  of  California. 


1G 


122  REGISTER   OF  THE 


4.  To  adopt  and  prescribe  rules  for  the  government  and  discipline  of  the 
Cadets; 

5.  To  receive,  in  the  name  of  the  State,  or  of  the  Board  of  Regents,  as 
the  case  may  be,  all  property  donated  to  the  University; 

6.  To  choose  a  President  of  the  University,  the  Professors,  and  other 
officers  and  employes  of  the  University,  prescribe  their  duties,  fix  and  pro- 
vide for  the  payment  of  their  salaries; 

7.  To  fix  the  qualifications  for  admission  to  the  benefits  of  the  University; 

8.  To  fix  the  admission  fee  and  rates  of  tuition; 

9.  To  appoint  a  Secretary  and  Treasurer,  prescribe  their  duties,  and  fix 
and  provide  for  the  payment  of  their  compensation; 

10.  To  remove  at  pleasure  any  officer,  professor,  or  employe  of  the  Uni- 
versity; 

11.  To  supervise  the  general  courses  of  instruction,  and,  on  the  recom- 
mendation of  the  several  Faculties,  prescribe  the  authorities  and  text-books 
to  be  used  in  the  several  Colleges; 

12.  To  confer  such  degrees  and  grant  such  diplomas  as  are  usual  in  Uni* 
versities,  or  as  they  deem  appropriate; 

13.  To  establish  and  maintain  a  museum; 

14.  To  establish  and  maintain  a  library; 

15.  To  take  immediate  measures  for  the  permanent  improvement  and 
planting  of  the  University  grounds; 

16.  To  keep  a  record  of  all  their  proceedings; 

17.  Through  the  President  of  the  University,  to  report  to  the  Governor 
the  progress,  condition,  and  wants  of  each  of  the  Colleges  embraced  in  the 
University;   the  course  of  study  in  each;  the  number  of  Professors  and 
students;   the  amount  of  receipts  and   disbursements,  together  wkh  the 
nature,  cost,  and  results  of  all  important  investigations  and  experiments, 
and  such  other  information  as  they  may  deem  important. 

INCOME   ARISING   PROM   ENDOWMENT   AT   DISPOSITION   OF   REGENTS. 

SEC.  1433.  The  entire  income  arising  from  the  endowment  is  subject  to 
the  trusts  at  the  disposition  of  the  Board  of  Regents,  for  the  support  of  the 
University. 

FUNDS  TO  BE  SET  APART  FOR  CURRENT  EXPENSES. 

SEC.  1434.  For  the  current  expenditures  of  the  University,  specific  sums 
of  money  must  be  set  aside,  out  of  the  funds  at  their  disposal,  by  the  Board 
of  Regents,  which  are  subject  to  the  warrants  of  the  President  of  the  Board, 
drawn  upon  the  Treasurer  of  the  University  in  pursuance  of  the  order  of 
the  Board  of  Regents. 

FUNDS   MAY   BE   DRAWN   FROM    STATE   TREASURY. 

SEC.  1435.     All  moneys  which  may  at  any  time  be  in  the  State  treasury, 


UNIVERSITY  OF  CALIFORNIA.  123 


subject  to  the  use  of  the  Board  of  Regents,  may  be  drawn  therefrom  by  the 
President  of  the  Board,  upon  the  order  of  the  Board  in  favor  of  the  Treas- 
urer of  the  University. 

CONSTRUCTION   OF   BUILDINGS. 

SEC.  I486.  The  Eegents  must  cause  to  be  constructed  such  buildings  as 
are  needed  for  the  use  of  the  University. 

SKC.  1437.  The  plan  adopted  in  the  construction  of  buildings  must  pro- 
vide separate  buildings  for  separate  uses,  and  so  group  all  such  buildings 
that  a  central  building  may  bring  the  whole  in  harmony  as  part  of  one 
design. 

SKC.  1438.  The  construction  and  furnishing  of  the  buildings  must  be  let 
out  to  the  lowest  responsible  bidder,  after  advertisement  for  not  less  than 
ten  days,  in  at  least  two  daily  newspapers  published  in  the  City  of  San 
Francisco  ;  but  the  Eegents  may  reject  any  bid,  and  advertise  anew. 

TEMPORARY   BUILDINGS. 

SEC.  1439.  Until  the  University  buildings  are  ready  for  use,  the  Regents 
may  make  any  temporary  arrangements  for  buildings  at  Oakland. 


ARTICLE  IV. 

QUALIFICATIONS    AND    CHOICE    OF    SECRETARY. 

SEC.  1449.  A  practical  agriculturist,  competent  to  superintend  the  work- 
ing of  the  agricultural  farm  and  to  discharge  the  duties  of  Secretary  of  the 
Board  of  Regents,  must  be  chosen  by  the  Board  as  their  Secretary. 

RESIDENCE    AND   DUTIES    OF    SECRETARY. 

SEC.  1450.     The  Secretary  must : 

1.  Reside  and  keep  his  office  at  the  seat  of  the  University  ; 

2.  Keep  a  record  of  the  transactions  of  the  Board  of  Regents,  which  must 
be  open  at  all  times  to  the  inspection  of  any  citizen  of  this  State ; 

3.  Have  the  custody  of  all  books,  papers,  documents,  and  other  property 
which  may  be  deposited  in  his  office  ; 

4.  Keep  and  file  all  reports  and  communications^  which  may  be  made  to 
the  University  appertaining  to  education,  science,  art,  husbandry,  mechan- 
ics, or  mining ; 

5.  Address  circulars  to  societies  and  others,  soliciting  information  upon 
the  latest  and  best  modes  of  culture  of  the  products  adapted  to  the  soil  and 
climate  of  the  State,  and  on  all  subjects  connected  with  field  culture,  horti- 
culture, stock-raising,  and  the  dairy  ; 

6.  Correspond  with   established   schools  of   mining   and  metallurgy  in 
Europe,  and  obtain  information  .respecting  the  improvements  of  mining 
machinery  adapted  to  California  ; 


124  REGISTER   OF  THE 


7.  Correspond  with  the  Patent  Office  at  Washington,  and  with  the  repre- 
sentatives of  the  Government  of  the  United  States  abroad,  to  procure  contri- 
butions to  agriculture  from  these  sources  ;   receive  and  distribute  seeds, 
plants,  shrubbery,  and  trees  adapted  to  our  climate  and  soils,  for  the  pur- 
poses of  experiment ; 

8.  Obtain  contributions  to  the  museums  and  the  library  of  the  University  ; 

9.  Keep  a  correct  account  of  all  the  executive  acts  of  the  President  of  the 
University  ; 

10.  Keep  an  accurate  account  of  all  moneys  received  into  the  treasury  or 
paid  therefrom  ; 

11.  Distribute  the  seeds,  plants,  trees,  and  shrubbery  received  by  him, 
and  not  needed  by  the  University,  equally  throughout  the  State,  to  farmers 
and  others  who  will  agree  to  cultivate  them  properly,  and  return  to  the 
Secretary's  office  a  reasonable  proportion  of  the  products  thereof,  with  a 
statement  of  the  mode  of  cultivation,  and  such  other  information  as  may 
be  necessary  to  ascertain  their  value  for  cultivation  in  the  State  ; 

12.  Publish  from  time  to  time  in  the  newspapers  of  the  State,  free  of 
charge,  information  relating  to  agriculture,  the  mechanic  arts,  mining,  and 
metallurgy. 

TKRM    AND    COMPENSATION. 

SKC.  1451.     The  Secretary  holds  office  at  the  pleasure  of  and  receives  the 
compensation  fixed  by  the  Board. 


ARTICLE  V. 

ACADKMIC    SKNATK. 

SKC.  1461.  The  Academic  Senate  is  composed  of  the  Faculties  and 
Instructors  of  the  University. 

GKNKRAL    POWERS. 

SEC.  1462.  The  Senate  must  conduct  the  general  administration  of  the 
University,  regulate  the  general  and  special  courses  of  instruction,  receive 
and  determine  all  appeals  from  acts  of  discipline  enforced  by  the  Faculty 
of  any  College,  and  exercise  such  other  powers  as  the  Board  of  Regents 
may  confer  upon  it. 

PROCEEDINGS. 

SKC.  1463.  Its  proceedings  must  be  conducted  according  to  rules  of  order 
adopted  by  it,  and  every  person  engaged  in  instruction  in  the  University 
may  participate  in  its  discussions  ;  but  the  right  of  voting  is  confined  to  the 
President  and  Professors. 


UNIVERSITY  OF  CALIFORNIA. 


125 


AETICLE  VI. 


UNIVERSITY   CADETS. 


SEC.  1473.     The  students  of   the  University  must  be  organized  into  a 
body  known  as  the  "  University  Cadets." 


SEC.  1474.  The  officers  of  Cadets,  between  and  including  the  ranks  of 
Second  Lieutenant  and  Colonel,  must  be  selected  by  the  Chief  Military 
Instructor,  with  the  assent  of  the  President  of  the  University,  and  must  be 
commissioned  by  the  Governor. 

EQUIPMENTS. 

SEC.  1475.  The  Adjutant-General  of  the  State  must  issue  such  arms, 
munitions,  accoutrements,  and  equipments  to  the  University  Cadets  as  the 
Board  of  Regents  may  require  and  the  Governor  approve. 

RETIRED    OFFICERS. 

SEC.  1476.  Upon  graduating  or  retiring  from  the  University,  such  officers 
may  resign  their  commissions  or  hold  the  same  as  retired  officers  of  the 
University  Cadets,  liable  to  be  called  in  service  by  the  Governor  in  case  of 
war,  invasion,  insurrection,  or  rebellion. 

REPORT    OF    MILITARY   INSTRUCTOR. 

SEC.  1477.  The  Military  Instructor  must  make  quarterly  reports , to  the 
Adjutant-General  of  the  State,  showing  the  number,  discipline,  and  equip- 
ments of  the  Cadets. 


126  REGISTER   OF  THE 


THE  CONGRESSIONAL  LAAV. 


AN  ACT  DONATING  PUBLIC  LANDS  TO  THE  SEVERAL  STATES 
AND  TERRITORIES  WHICH  MAY  PROVIDE  COLLEGES  FOR  THE 
BENEFIT  OF  AGRICULTURE  AND  THE  MECHANIC  ARTS. 

SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  there  be  granted  to 
the  several  States,  for  the  purposes  hereinafter  mentioned,  an  amount  of 
public  land,  to  be  apportioned  to  each  State,  a  quantity  equal  to  thirty 
thousand  acres  for  each  Senator  and  Representative  in  Congress  to  which 
the  States  are  respectively  entitled  by  the  apportionment  under  the  census 
of  eighteen  hundred  and  sixty;  provided,  that  no  mineral  lands  shall  be 
selected  or  purchased  under  the  provisions  of  this  Act. 

SEC.  2.  And  be  it  further  enacted,  That  the  land  aforesaid,  after  being 
surveyed,  shall  be  apportioned  to  the  several  States  in  sections,  or  subdi- 
visions of  sections  not  less  than  one  quarter  of  a  section ;  and  whenever 
there  are  public  lands  in  a  State  subject  to  sale  at  private  entry  at  one  dol- 
lar and  twenty-five  cents  per  acre,  the  quantity  to  which  said  State  shall  be 
entitled  shall  be  selected  from  such  lands  within  the  limits  of  such  State, 
and  the  Secretary  of  the  Interior  is  hereby  directed  to  issue  to  each  of  the 
States  in  which  there  is  not  the  quantity  of  public  lands  subject  to  sale  at 
private  entry  at  one  dollar  and  twenty-five  cents  per  acre,  to  which  said 
State  may  be  entitled  under  the  provisions  of  this  Act,  land  scrip  to  the 
amount  in  acres  for  the  deficiency  of  its  distributive  share;  said  scrip  to  be 
sold  by  said  States  and  the  proceeds  thereof  applied  to  the  uses  and  pur- 
poses prescribed  in  this  Act,  and  for  no  other  use  or  purpose  whatsoever; 
provided,  that  in  no  case  shall  any  State  to  which  land  scrip  may  thus  be 
issued  be  allowed  to  locate  the  same  within  the  limits  of  any  other  State,  or  of 
any  Territory  of  the  United  States,  but  their  assignees  may  thus  locate  said 
land  scrip  upon  any  of  the  unappropriated  lands  of  the  United  States  sub- 
ject to  sale  at  private  entry  at  one  dollar  and  twenty-five  cents,  or  less,  per 
acre;  and,  provided  further,  that  not  more  than  one  million  acres  shall  be 
located  by  such  assignees  in  any  one  of  the  States;  and,  provided  farther,  that 
no  such  location  shall  be  made  before  one  year  from  the  passage  of  this  Act. 

SKC.  3.  And  be  it  further  enacted,  That  all  the  expenses  of  management, 
superintendence,  and  taxes  from  the  date  of  selection  of  said  lands,  previous 
to  their  sales,  and  all  expenses  incurred  in  the  management  and  disburse- 
ment of  the  money  which  may  be  received  therefrom,  shall  be  paid  by  the 


UNIVERSITY  OF  CALIFORNIA  127 


States  to  which  they  may  belong,  out  of  the  treasury  of  said  States,  so  that 
the  entire  proceeds  of  the  sale  of  said  lands  shall  be  applied,  without  any 
diminution  whatever,  to  the  purposes  hereinafter  mentioned. 

SEC.  4.  And  be  it  further  enacted,  That  all  moneys  derived  from  the  sale 
of  the  lands  aforesaid  by  the  States  to  which  the  lands  are  apportioned,  and 
from  the  sale  of  land  scrip  hereinbefore  provided  for,  shall  be  invested  in 
stock  of  the  United  States,  or  of  the  States,  or  some  other  safe  stocks,  yield- 
ing not  less  than  five  per  centum  upon  the  par  value  of  said  stocks;  and 
that  the  moneys  so  invested  shall  constitute  a  perpetual  fund,  the  capital  of 
which  shall  remain  forever  uiidiminished  (except  so  far  as  may  be  provided 
in  section  fifth  of  this  Act),  and  the  interest  of  which  shall  be  inviolably 
appropriated,  by  each  State  which  may  take  and  claim  the  benefit  of  this 
Act,  to  the  endowment,  support,  and  maintenance  of  at  least  one  College 
where  the  leading  object  shall  be,  without  excluding  other  scientific  and 
classical  studies,  and  including  military  tactics,  to  teach  such  branches  of 
learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in  such  manner 
as  the  Legislatures  of  the  States  may  respectively  prescribe,  in  order  to  pro- 
mote the  liberal  and  practical  education  of  the  industrial  classes  in  the  sev- 
eral pursuits  and  professions  in  life. 

SEC.  5.  And  be  it  further  enacted,  That  the  grant  of  land  and  land  scrip 
hereby  authorized  shall  be  made  on  the  following  conditions,  to  which,  as 
well  as  to  the  provisions  hereinbefore  contained,  the  previous  assent  of  the 
several  States  shall  be  signified  by  legislative  Acts  : 

First — If  any  portion  of  the  fund  invested,  as  provided  by  the  foregoing 
section,  or  any  portion  of  the  interest  thereon,  shall,  by  any  action  or  con- 
tingency, be  diminished  or  lost,  it  shall  be  replaced  by  the  State  to  which  it 
belongs,  so  that  the  capital  of  the  fund  shall  remain  forever  undiminished  ; 
and  the  annual  interest  shall  be  regularly  applied  without  diminution  to 
the  purposes  mentioned  in  the  fourth  section  of  this  Act,  except  that  a  sum, 
not  exceeding  ten  per  centum  upon  the  amount  received  by  any  State  under 
the  provisions  of  this  Act,  may  be  expended  for  the  purchase  of  lands  for 
sites  or  experimental  farms,  whenever  authorized  by  the  respective  Legis- 
latures of  said  States. 

Second — No  portion  of  said  fund ,  nor  the  interest  thereon,  shall  be  applied, 
directly  or  indirectly,  under  any  pretense  whatever,  to  the  purchase,  erec- 
tion, preservation,  or  repair  of  any  building  or  buildings. 

Third — Any  State  which  may  take  and  claim  the  benefit  of  the  provis- 
ions of  this  Act,  shall  provide,  within  five  years,  at  least  not  less  than  one 
College,  as  described  in  the  fourth  section  of  this  Act,  or  the  grant  to  such 
State  shall  cease  ;  and  said  State  shall  be  bound  to  pay  the  United  States 
the  amount  received  of  any  lands  previously  sold,  and  that  the  title  to  pur- 
chasers under  the  State  shall  be  valid. 


128  REGISTER   OF  THE 


Fourth — An  annual  report  shall  be  made  regarding  the  progress  of  each 
College,  recording  any  improvements  and  experiments  made,  with  their 
costs  and  results,  and  such  other  matters,  including  State  industrial  and 
economical  statistics,  as  may  be  supposed  useful,  one  copy  of  which  shall  be 
transmitted  by  mail,  free,  by  each  to  all  the  other  Colleges  which  may  be 
endowed  under  the  provisions  of  this  Act,  and  also  one  copy  to  the  Secre- 
tary of  the  Interior. 

Fifth — When  lands  shall  be  selected  from  those  which  have  been  raised 
to  double  the  mimimum  in  price,  in  consequence  of  railroad  grants,  they 
shall  be  computed  to  the  States  at  the  maximum  price,  and  the  number  of 
acres  proportionately  diminished. 

Sixth — No  State,  while  in  a  condition  of  rebellion  or  insurrection  against 
the  Government  of  the  United  States,  shall  be  entitled  to  the  benefit  of  this 
Act. 

Seventh — No  State  shall  be  entitled  to  the  benefits  of  this  Act  unless  it 
shall  express  its  acceptance  thereof,  by  its  Legislature,  within  two  years 
from  the  date  of  its  approval  by  the  President.  < 

SKC.  6.  And  be  it  further  enacted,  That  land  scrip  issued  under  the  pro- 
visions of  this  Act  shall  not  be  subject  to  location  until  after  the  first  day  of 
January,  one  thousand  eight  hundred  and  sixty-three. 

SEC.  7.  And  be  it  further  enacted,  That  the  land  officers  shall  receive  the 
same  fees  for  locating  land  scrip  issued  under  the  provisions  of  this  Act,  as 
is  now  allowed  for  the  location  of  military  bounty  land  warrants  under 
existing  laws  ;  provided,  their  maximum  compensation  shall  not  be  thereby 
increased. 

SEC.  8.  And  be  it  further  enacted,  That  the  Governors  of  the  several 
States*  to  which  scrip  shall  be  issued  under  this  Act,  shall  be  required  to 
report  annually  to  Congress  all  sales  made  of  such  scrip,  until  the  whole 
amount  shall  be  disposed  of,  the  amount  received  for  the  same,  and  what 
appropriation  has  been  made  of  the  proceeds. 

Approved  July  2d,  1862. 


UNIVERSITY  OF  CALIFORNIA.  129 


CONSTITUTION  OF  CALIFORNIA,  1863. 


ARTICLE  IX. 

SKCTION  4.  The  Legislature  shall  take  measures  for  the  protection, 
improvement,  or  other  disposition  of  such  lands  as  have  been  or  may  here- 
after be  reserved  or  granted  by  the  United  States,  or  any  person  or  persons, 
to  the  State,  for  the  use  of  a  University  ;  and  the  funds  accruing  from  the 
rents  or  sale  of  £uch  lands,  or  from  any  other  source,  for  the  purpose  afore- 
said, shall  be  and  remain  a  permanent  fund,  the  interest  of  which  shall  be 
applied  to  the  support  of  said  University,  with  such  branches  as  the  public 
convenience  may  demand,  for  the  promotion  of  literature,  the  arts  and 
sciences,  as  may  be  authorized  by  the  terms  of  such  grant.  And  it  shall  be 
the  duty  of  the  Legislature,  as  soon  as  may  be,  to  provide  effectual  means 
for  the  improvement  and  permanent  security  of  the  funds  of  said  University. 


CONSTITUTION  OF  CALIFORNIA,  .879. 


ARTICLE  IX. 

SKCTION  9.  The  University  of  California  shall  constitute  a  public  trust, 
and  its  organization  and  government  shall  be  perpetually  continued  in  the 
form  and  character  prescribed  by  the  organic  Act  creating  the  same,  passed 
March  twenty-third,  eighteen  hundred  and  sixty-eight  (and  the  several 
Acts  amendatory  thereof),  subject  only  to  such  legislative  control  to  insure 
compliance  with  the  terms  of  its  endowments  and  the  proper  investment 
and  security  of  its  funds.  It  shall  be  .entirely  independent  of  all  political 
or  sectarian  influence,  and  kept  free  therefrom  in  the  appointment  of  its 
Regents,  and  in  the  administration  of  its  affairs  ;  provided,  that  all  moneys 
derived  from  the  sale  of  public  lands  donated  to  this  State  by  Act  of  Con- 
gress, approved  July  second,  eighteen  hundred  and  sixty-two  (and  the  sev- 
eral Acts  amendatory  thereof),  shall  be  invested  as  provided  by  said  Acts 
of  Congress,  and  the  interest  of  said  moneys  shall  be  inviolably  appropri- 
ated to  the  endowment,  support,  and  maintenance  of  at  least  one  College  of 
Agriculture,  where  the  leading  objects  shall  be  (without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics)  to  teach  such 
branches  of  learning  as  are  related  to  scientific  and  practical  agriculture  and 
the  mechanic  arts,  in  accordance  with  the  requirements  and  conditions  of 
said  Acts  of  Congress;  and  the  Legislature  shall  provide  that  if,  through 
neglect,  or  any  other  contingency,  any  portion  of  the  funds  so  set  apart  shall 
be  diminished  or  lost,  the  State  shall  replace  such  portion  so  lost  or  misappro- 
priated, so  that  the  principal  thereof  shall  remain  forever  undiminished. 
No  person  shall  be  debarred  admission  to  any  of  the  collegiate  departments 
of  the  University  on  account  of  sex. 


17 


-«-«• 


oJ  Tbritt+ 


LECTURE    HALL: 

Assembly  Eoom  of  the  Academy  of  Sciences,  southwest  corner  of  Cali- 
fornia and  Dupont  Streets,  San  Francisco. 

OFFICE  OF  DEAN  AND  REGISTRAR: 
Room  2,  Court  Block,  636  Clay  Street,  San  Francisco. 


Jrattu 


DIRECTORS. 

HON.  WM.  T.  WALLACE SAN  FRANCISCO. 

Chief  Justice,  President  of  Board. 

COLONEL  J.  P.  HOGE SAN  FRANCISCO. 

Vice- President. 

HON.  W.  W.  COPE SAN  FRANCISCO. 

HON.  DELOS  LAKE SAN  FRANCISCO. 

HON.  J.  R.  SHARPSTEIN SAN  FRANCISCO. 

HON.  0.  P.  EVANS SAN  FRANCISCO. 

S.  M.  WILSON,  ESQ i SAN  FRANCISCO. 

THOMAS  B.  BISHOP,  ESQ : SAN  FRANCISCO. 

THOMAS  I.  BERGIN,  ESQ.  ..  .__SAN  FRANCISCO. 


fl 


FACULTY. 

,      JOHN  LECONTE,  LL.  D., 
President. 

JOHN  NORTON  POMEROY,  LL.  D., 

Professor  of  Municipal  Law. 

WM.  H.  PLATT,  D.  D.,  LL.  D., 

Professor  of  Ethics  and  Rules  of  Morality. 

S.  CLINTON  HASTINGS, 
Dean. 

CHARLES  P.  HASTINGS,  B.  S., 
Registrar. 


MIDDLE   CLASS. 

NAME.  ItESIPKNCK. 

John  Q.  Adams San  Francisco. 

Charles  S.  Andrews,  A.  B.  (Bdn.) San  Francisco. 

Charles  R.  Barry,  B.  S.  (S.  C.) San  Francisco. 

E.  S.  Belknap San  Francisco. 

A.  F.  Benjamin San  Francisco. 

D.  L.  Bishop Lower  Lake. 

J.  I.  Boland San  Francisco. 

C.  K.  Bonestell,  A.  B.  (U.  C.) San  Francisco. 

A.  C.  Bradford,  Jr.,  Ph.  B.  (U.  C.) San  Francisco. 

E.  R.  Brooks San  Francisco. 

Earnest  Brand San  Francisco. 

V.  P.  Buckley San  Francisco. 

William  C.  Burke Berkeley. 

L.  W.  Cheney,  Ph.  B.  (U.  C.) 1 Berkeley. 

Joseph  F.  Coffey San  Francisco. 

Patrick  Cummins San  Francisco. 

Wallace  0.  Currier San  Francisco. 

W.  R.  Daingerfield,  A.  B.  (U.  C.) San  Francisco. 

A.  B.  D'Ancona,  A.  B.  (U.  C.) San  Francisco. 

Joh n  D' Arcy San  Francisco . 

Frank  P.  Peering,  A.  B.,  A.  M.,  (U.  C.) San  Francisco. 

J.  H.  Deering,  Jr San  Francisco. 

J.  B.  de  las  Casas 1 -Oakland. 

Louis  F.  Dunand San  Francisco. 

Peter  F.  Dunne San  Francisco. 

James  D.  Elms Berkeley. 

E.  W .  Emerson San  Francisco . 

J.  T.  Fleming San  Francisco. 

T.  F.  Graber Berkeley. 

Theodore  G*ray,  A.  B.  (U.  C.) San  Francisco. 

Robert  P.  Hastings,  A.  B.  (H.  U.) San  Francisco. 

E.  W.  Hawley San  Francisco. 

Alexander  Heynemann San  Francisco. 

James  E.  Hughes San  Francisco. 


UNIVERSITY  OF  CALIFORNIA.  137 


XAMK.  RESIDENOK. 

James  A.  Hall Watson ville. 

Samuel  Irving,  A.  B.  (U.  C.) Berkeley. 

J.  Walter  Knox j. Merced. 

E.  J.  Linforth San  Francisco. 

John  M.  Lucas San  Francisco. 

Fiesco  Maiidlebaum,  A.  B.  (U.  C.) San  Francisco. 

F.  C.  Marshall San  Francisco. 

D.  B.  Marx,  Ph.  B.  (U.  C.) San  Francisco. 

E.  J.  McCutchen San  Francisco. 

E.  W.  McNally San  Francisco. 

Henry  C.  McPike Napa  City. 

G.  II.  Mastick San  Francisco. 

George  D.  Metcalf _._0akland. 

Leslie  F.  Miller San  Francisco. 

A.  F.  Morrison,  A.  B.  (17.  C.) San  Francisco. 

Edward  M .  Mott San  Francisco. 

Charles  II.  Moore : San  Francisco. 

Anthony  Morganthal ! San  Francisco. 

II.  S.  Mulford San  Francisco. 

James  E.  Nagle •_ San  Francisco. 

F.  M.  Ostrander Merced. 

C.  P.  Pomeroy San  Francisco. 

Martin  Quinlin,  B.  S.  (S.  M.) Bodega  Corners. 

F.  Win.  Reade San  Francisco. 

S.  H.  Regensberg San  Francisco. 

John  W.  Ryland San  Jose. 

Alfred  Sayre San  Francisco. 

William  T.  Sesnon San  Francisco. 

Charles  S.  Silliman San  Francisco. 

David  Simon San  Francisco. 

F.  J.  Solinsky,  Ph.  B.  (U.  C.) San  Francisco. 

Edward  M.  Seaman San  Francisco. 

H.  J.  Stafford San  Francisco. 

Win.  F.  Stafford San  Francisco. 

F.  S.  Stratton ! Oakland. 

Edwin  Swinford ' San  Francisco. 

Matthew  I.  Sullivan,  B.  S.  (St.  I.) San  Francisco. 

Gaston  Straus _ San  Jose. 

G.  C.  Sargent San  Francisco. 

Calvin  F.  Summers San  Francisco. 

L.  P.  Tidball  _.  ._.Saii  Francisco. 


138 


REGISTER   OF  THE 


RESIDENCE. 

C.  L.  Tilden__.        San  Francisco. 

Alfred  Tobin_.          San  Francisco. 

T.  0.  Toland,  A.  B.  (U.  C.) San  Francisco. 

Albert  V.  Touchard Oakland. 

Gustave  Touchard,  Jr Oakland. 

F.  P.  Tuttle Oakland. 

H.  D.  Tuttle San  Francisco. 

W.  M.  Van  Dyke,  A.  B.  (U.  C.) San  Francisco. 

Charles  Von  Lowenfels San  Francisco. 

Ryland  B.  Wallace,  A.  B.  (U.  C.) San  Francisco. 

Adair  Welker _ Berkeley. 

G.  A.Whitby Berkeley. 

F.  R.  Whitcomb,  A.  B.  (U.  C.) Berkeley. 

J.  W.  Winans,  Jr.',  A.  B.  (U.  C.) San  Francisco. 

Ralph  Wood Oakland. 

Geo.  T.  Wright,  A.  B.  (U.  C.) San  Francisco. 

E.  B.  Young •_ San  Francisco. 

George  A.  Young San  Francisco. 

Total 93. 

• 

JUNIOR  CLASS. 

NAME.  RESIDENCE. 

Frank  M.  Angellotti San  Rafael. 

R.  P.  Ashe San.  Francisco. 

Robert  B.  Brenham,  A.  B.,  (S.  C.) San  Francisco. 

Joseph  F.  Cavagnaro,  M.  S.,  (S.  C.) San  Francisco. 

Henry  Borde San  Jose. 

A.  Caminetti Jackson. 

John  D.  Connelly San  Francisco. 

S.  E.  Crow : San  Francisco. 

E.  B.  Cutler San  Francisco. 

Carroll  M.  Davis,  A.  B.,  (U.  C.) Berkeley. 

Henry  C.  Downing Wilmington. 

Henry  Davis San  Francisco. 

Herman  A.  Druhe San  Francisco. 

Charles  H.  Foote Lockeford. 

George  Flournoy,  Jr San  Francisco. 

Jacob  Galland San  Francisco. 

S.  J.  Garibaldi  _..  San  Francisco. 


UNIVERSITY  OF  CALIFORNIA.  139 


NAME.  RESIDENCE. 

Richard  Gerke San  Francisco . 

Maurice  Gradwohl San  Francisco. 

Jacob  Hoeck Berkeley. 

P.  J.  Heaiey San  Francisco. 

Henry  C.  Hinckle • San  Francisco. 

Joseph  Hutchinson,  Ph.  B.,  (U.  C.) , San  Francisco. 

Howard  R.  Johjison San  Quentin. 

Walter  1ST.  Kempston San  Francisco. 

Albert  Kaplan San  Francisco. 

"William  Knox San  Francisco. 

William  W.  Knott San  Francisco. 

William  D.  Lawton Oakland. 

E.  W.  Levy San  Francisco. 

Max  Loewenthal Sacramento. 

George  Luce San  Francisco. 

John  W.  Lewis Red  Bluff. 

Henry  McCrea San  Rafael. 

V.  C.  McMurray,  Jr.  Camptonville. 

Dwight  M.  McCauley : San  Francisco. 

Frank  D.  Miller San  Francisco*. 

Lansing  Mizner,  Ph.  B.,  (U.  C.) Benicia. 

Benjamin  F.  Moore r San  Francisco. 

0.  F.  Meldon San  Francisco. 

M.  F.  O'Donoghue San  Francisco. 

H.  M.  Savage,  Ph.  B.,  (U.  C.) San  Francisco. 

William  Schmidt Alameda. 

Leander  Shores San  Francisco. 

C.  A.  Shurtleff . Napa  City. 

J.  Angelo  Spinetti San  Francisco. 

William  II.  Schooler San  Francisco. 

W.  S.  Stone San  Francisco. 

C.  A.  Stonesifer Hill's  Ferry. 

George  F.  Schorr Gridley. 

Farreri  Stranahan San  Francisco. 

James ,F.  Smith,  M.  A.,  (S.  C.)._ San  Francisco. 

Robert  B.  Tappen Alameda. 

R.  B.  Terry Stockton. 

B.  G.  Thomas San  Francisco. 

Samuel  Tevis San  Francisco. 

E.  B.  Thompson San  Francisco. 

N.  M.  Trezevant,  A.  B.,  (Y.) «. San  Francisco. 


140  REGISTER   OF  THE 


E.  H.  Wakeraan * San  Francisco. 

C.  A.  Webb Sonoma. 

John  II.  Wheeler,  Ph.  B.,  (U.  C.)__^  _Saint  Helena. 

F.  P.  Wickersham Petaluma. 

Harry  T.  Williams San  Francisco. 

E.  B.  Williams,  B.  S.,  (U.  M.  C.) University  Mound  College. 

M.  S.  Wilson,  A.  B.,  (Y.) San  Francisco. 

George  L.  Wilson Alameda. 

Total 66. 

Middle  Class 98 

Junior  Class , 66 

Total 159 

* 

ABBREVIATIONS   IX    COLLEGE   TITLES. 

U.  C  —University  of  California.  I    St.  M.— St.  Mary's  College. 


H.  U.— Harvard  University. 

Y.— Yale  College. 

S.  C.— Santa  Clara  College,  California 


St.  I. — St.  Ignatius  College. 

U.  M.  C.— University  Mound  College. 

Udn. — Bowdoin  College,  Maine. 


UNIVERSITY  OF  CALIFORNIA.  141 


HASTINGS  COLLEGE  OF  THE  LAW. 


STATEMENTS. 

During  the  present  College  year  (1879-80)  Professor  J.  N.  Pomeroy  will 
deliver  two  lectures  daily  at  the  Assembly  Room  of  the  Academy  of  Sciences, 
southwest  corner  of  California  and  Dupont  Streets. 

The  Middle  Class  lecture  at  4  p.  M. 

The  Junior  Class  Lecture  at  12:30  p.  M. 

Moot  Courts  will  be  held  Saturdays. 


ADMISSION  OF  STUDENTS,  ETC. 

1.  Students  will  be  admitted  to  either  class  and  fully  matriculated  only 
upon  furnishing  a  satisfactory  certificate  of  their  good  moral  character,  and 
paying  to  the  Registrar  the  sum  of  ten  dollars  as  a  matriculation  fee. 
Applicants  for  admission  to  the  first  or  Junior  Class  must  also  satisfy  the 
authorities  of   the  institution  that  they  possess  sufficient  knowledge  and 
culture  to  enable  them  to  profit  by  the  course  of  study.     Students  applying 
for  admission  to  the  Middle  or  Senior  Class  must  also  pass  a  satisfactory 
examination  in  the  studies  of  the  preceding  year  or  years,  as  the  case 
may  be. 

2.  Gentlemen  who  do  not  reside  in  San  Francisco,  or   its   immediate 
vicinity,  and  who  are  desirous  of  availing  themselves  of  the  course  of  study 
as  non-resident  students,  may  at  any  time  file  their  application  to  be  admit- 
ted, upon  furnishing  a  certificate  of  good  moral  character,  and  paying  the 
fee  of  ten  dollars.     They  will  then  be  entitled  to  attend  as  many  of  the 
lectures,  exercises,  and  examinations  as  they  may  desire,  but  they  will  not 
be  considered  as  fully  matriculated  students  of  the  Middle  year  until  they 
shall  have  satisfactorily  passed  the  examinations  preliminary  to  entering 
upon  the  proposed  advanced  class,  and  are  enrolled  as  actual  members  of 
such  class  in  regular  attendance. 

3.  No  student  shall  be  entitled  to  graduate  and  to  receive  the  diploma 
from  the  University  unless  he  shall  have  been  an  actual  member  of  the 
Senior  Class,  in  regular  attendance  upon  its  exercises. 


142  REGISTER   OF  THE 


CLASSES  AND  THE  ACADEMIC  YEAR. 

1.  The  entire  course  of  instruction  extends  through  three  academic  years, 
and  the  school  is  separated  into  three  classes  corresponding  to  these  three 
years,  known  respectively  as  the  Junior,  Middle,  and  Senior.     The  course 
of  instruction  in  each  class  occupies  one  academic  year. 

2.  The  academic  year  is  the  same  as  that  of  the  University  of  California, 
with  the  usual  holiday  recess. 


EXAMINATIONS,  PROMOTIONS,  AND  GRADUATION. 

1.  There  will  be  a  regular  examination  at  the  close  of  the  Junior  and  of 
the  Middle  year,  preliminary  to  promotion  into  the  next  higher  class. 
There  will  also  be  a  regular  examination  upon  all  the  studies  of  the  course 
at  the  close  of  the  Senior  year,  preliminary  to  graduation.     These  exami- 
nations will  be  either  wholly  in  writing,  or  partly  in  writing  and  partly 
oral,  at  the  discretion  of  the  Professor  of  Municipal  Law.     There  will  also 
be  intermediate  examinations  of  each  class  at  such  times  and  in  such  man- 
ner as  the  Professor  of  Municipal  Law  shall  direct. 

2.  Members  of  each  of  the  two  lower  classes,  upon  satisfactorily  passing 
the  regular  examinations  at  the  close  of  their  respective  years  mentioned 
above,  will  be  promoted  into  and  become  members  of  the  next  higher  class. 
Upon  being  thus  promoted  into  and  becoming  a  member  of  each  higher 
class,  every  student  will  be  required  to  pay  to  the  Registrar  the  fee  of  ten 
dollars,  for  the  purpose  of  defraying  incidental  class  expenses. 


ATTENDANCE,  CONDUCT,  ETC. 

The  proficiency  and  attainments  of  each  student,  and  his  right  to  promo- 
tion and  to  graduation,  are  tested  by  his  examinations,  taken  in  connection 
with  the  personal  knowledge  of  his  character  and  the  knowledge  obtained 
by  the  Faculty  from  the  intercourse  of  the  class-room. 

It  is  expected  that  matriculated  students  will  regularly  attend  the  stated 
exercises  of  school. 

During  their  presence  in  the  class-room,  and  in  their  intercourse  with  the 
Faculty  and  other  officers  of  the  institution,  the  students  are  expected  and 
required  to  adopt  and  conform  to  the  conduct,  principles,  and  manners  of 
gentlemen. 

The  authorities  will  exercise  the  right  of  removing  any  student  guilty  of 
any  immoral  conduct  rendering  him  unfit  for  the  society  of  gentlemen. 


UNIVERSITY  OF  CALIFORNIA. 


143 


COURSE  OF  STUDY. 

JUNIOR   YKAR. 

In  the  first  or  Junior  year,  the  class  will  go  over  the  fundamental  or  gen- 
eral principles  and  doctrines  which  constitute  the  framework  of  our  juris- 
prudence in  all  of  its  most  important  departments  of  primary  or  substantive 
rights  and  duties — embracing  the  law  as  to  persons  and  personal  rights;  the 
law  as  to  personal  property;  an  outline  of  the  laAv  as  to  contracts,  and  the 
law  as  to  real  property,  with  the  exception  of  .trusts,  powers,  and  remain- 
ders. 

The  instruction  during  the  year  will  be  given  by  means  of  particular 
text-books,  definite  portions  being  assigned  for  preliminary  examination  by 
the  class,  with  an  oral  exercise,  discussion,  or  lecture  upon  such  lessons, 
conducted  by  the  Professor  in  charge.  Reference  will  constantly  be  made 
to  the  statutory  legislation  of  California  and  of  other  States,  so  far  as  may 
be  found  necessary,  and  also  to  leading  judicial  decisions  involving  the 
subject  under  consideration. 

In  addition  to  the  special  text-books  used,  the  class  will  be  recommended 
to  read,  in  connection  with  each  topic  or  head  of  the  law  under  examina- 
tion, other  works  in  which  the  subject  is  more  fully  treated.  It  is  not 
expected  that  each  student  Avill  read  all  of  these  treatises  thus  indicated  for 
collateral  study,  or  even  the  whole  of  any  treatise.  A  list  is  given  from 
which  the  members  of  the  class  may  select,  according  to  their  opportunities 
and  the  time  at  their  disposal. 


REQUIRKD  COURSE  WITH  THK  TEXT-BOOKS.  —  1.  The  Law  as  to  Persons, 
including  the  personal  rights  of  life,  limb,  liberty,  and  reputation;  citizens, 
voters,  and  aliens  ;  the  domestic  relations,  marriage,  divorce,  husband  and 
wife,  parent  and  child,  infants,  guardian  and  ward,  master  and  servant,  etc. 
Kent's  Commentaries,  Lectures  24  to  32  inclusive. 

2.  The  Law  as  to  Personal  Property,  its  nature,  kind,  mode  of  acquisition, 
and  transfer.     Kent's  Commentaries,  Lectures  34  to  38  inclusive. 

3.  Outline  of  the  Law  as  to  Contracts,    including  the  general  doctrines 
which  apply  to  all  contracts.     Metcalf  on  Contracts,  and  Parsons  on  Con- 
tracts, Vol.  I,  Book  1,  chapters  1  and  2  ;  Book  2,  chapters  1  and  2  ;  Vol.  II, 
Part  2,  chapters  1,  2,  3,  4,  6,  8,  and  9. 

4.  The  Law  as  to  Real  Property,  including  all  its  branches,  except  uses 
and  trusts,  powers,  and  future  contingent  estates.     Blackstone's  Commenta- 
ries, Book  2,  chapters  1  to  20  inclusive  ;  Washburne  on  Real  Property,  Vol. 
I,  chapters  5  to  13  inclusive;  Vol.  II,  chapters  14,  15,  and  16;  Book  2, 
chapter  1 ;  Vol.  Ill,  Book  3,  chapters  1  to  4  inclusive. 


144  REGISTER   OF  THE 


OPTIONAL  COURSK  OF  COLLATERAL  RKADING. — History  and  Development  of  the 
Law  and  its  Sources. — Pomeroy's  Introduction  to  Municipal  Law. 

Personal  Rights  of  life,  body,  limb,  liberty,  and  reputation,  and  the  torts 
or  wrongs  by  which  they  may  be  violated.  See  the  titles,  "Assault  and 
Battery,"  "  False  Imprisonment,"  "  Malicious  or  "Wrongful  Arrest,"  "Mali- 
cious Prosecution,"  "  Slander,"  ''Libel,"  aud  the  like,  in  Bigelow  on  Torts; 
Addison  on  Torts,  chapters  12  to  17  ;  Hilliard  on  Torts,  chapters  5  to  16  ; 
Waterman  on  Trespass,  Book  2,  chapters  1  and  2  ;  Bigelow's  Leading  Cases 
on  Torts,  titles  :  "Assault  and  Battery,"  "False  Imprisonment,"  "  Mali- 
cious Prosecution,"  "Deceit." 

Slander  and  Libel. — See  Townshend  on  Slander  and  Libel ;  Starkie  on 
ditto;  Smith's  Leading  Cases,  titles  :  Libel,  Slander,  Damages ;  American 
Leading  Cases,  same  titles  ;  Bigelow's  Leading  Cases  on  Torts,  same  titles. 

Marriage  and  Divorce. — See  Bishop  on  Marriage  and  Divorce  ;  Schouler's 
Domestic  Eelations. 

Husband  and  Wife,  Parent  and  Child,  Infants,  etc. — See  Schouler's  Domes- 
tic Relations  ;  Reeves'  Domestic  Relations  ;  Bingham  on  Infancy  ;  Parsons 
on  Contracts,  Vol.  I,  chapter  17,  on  Infants  ;  Bishop  on  Married  Women's 
Property  ;  Smith's  Leading  Cases ;  case  of  Manby  v.  Scott,  on  Husband's 
Liability  for  Wife's  Contracts  ;  American  Leading  Cases,  title  Infancy. 

Personal  Property. — See  Williams  on  Personal  Property  ;  Belknap  on 
Probate. 

Contracts. — See  Langdell's  Select  Cases  on  Contracts,  and  portions  of 
Smith,  Chitty,  Story,  or  Addison,  on  Contracts. 

Real  Property. — See  Smith's  Leading  Cases  ;  case  of  Elwes  v.  Matves  on 
Fixtures  ;  Williams  on  Real  Property  ;  Kent's  Commentaries,  Lectures  on 
Real  Property  ;  Washburne  on  Easements,  and  Jones  on  Mortgages. 

MIDDLK   YKAR. 

In  the  second  or  middle  year  the  class  is  no  longer  confined  to  particular 
text-books,  nor  definite  lessons.'  In  commencing  each  important  subject 
(e.  g.  Corporations,  or  Agency,  etc.)  the  class  will  be  furnished  with  a  printed 
syllabus  of  the  lectures  to  be  given  on  that  topic.  This  syllabus  states  in 
outline  the  matters  to  be  discussed  in  each  lecture,  and  the  various  text- 
books and  treatises,  with  a  reference  to  the  chapters  or  sections,  where  the 
questions  are  treated.  It  also  gives  the  "  leading  cases,"  English  and 
American,  and  also  cites  the  subsequent  most  important  decisions  in  which 
the  principles  have  been  explained,  extended,  limited,  or  applied.  The 
class  is  expected  to  study  by  the  direction  of  this  syllabus,  to  read  some  one 
or  more  of  the  text-books  referred  to,  and  especially  to  study  the  judicial 
decisions  which  are  cited.  The  class  will  thus  be  prepared  for  the  oral 
examination  and  discussion  by  the  Professor  in  charge,  whicli  are  based 

j. 


UNIVERSITY  OF  CALIFORNIA. 


145 


upon  the  outline  contained  in  the  syllabus.  As  each  syllabus  will  mention 
all  the  standard  writers  who  may  be  profitably  consulted  by  the  class,  in 
connection  with  each  topic,  no  list  of  works  for  collateral  reading  is  here 
given.  The  Statutes  of  the  State  are  constantly  referred  to  and  studied. 

The  course  of  study  embraces  a  full  treatment  of  mercantile  and  com- 
mercial law,  corporations,  agency,  partnership,  sale,  bailments,  bills  and 
notes,  insurance,  shipping  contracts,  suretyship,  etc.,  certain  heads  of  real 
property  law,  viz. :  Remainders,  executory  devises,  trusts  and  powers  ,•  last 
wills  and  testaments,  and  the  administration  of  the  estates  of  deceased  per- 
sons ;  equity  jurisprudence,  and  torts. 

SENIOR   YEAR. 

In  the  third  or  senior  year  the  course  of  study  contemplates  two  distinct 
objects  :  First,  the  practical  application  of  the  substantive  doctrines  of  the 
law,  which  have  been  studied  during  the  former  two  years  ;  and,  second, 
the  giving  to  the  class  a  more  complete  and  perfect  acquaintance  with  all 
the  departments  of  jurisprudence  than  it  is  possible  to  do  within  a  period 
limited  to  two  academic  years. 

In  accomplishing  the  first  i»f  these  objects,  those  branches  will  be  pursued 
which  constitute  the  remedial  portion  of  the  law. 

It  includes  pleading  and  practice,  according  to  the  reformed  system  of 
procedure,  together  with  the  general  theory  of  common  law  forms  of  action, 
and  of  common  law  and  equity  pleading,  and  the  law  of  evidence. 

The  text-books,  to  which  attention  will  be  particularly  directed,  are 
Pomeroy's  Remedies  and  Remedial  Rights  j  Pleading  and  Practice  under 
the  California  Code  of  Procedure ;  Stephens  on  Pleading ;  Gould  on  Plead- 
ing ;  Lube  Equity  Pleading :  Greenleaf  on  Evidence ;  Wharton  on  Evi- 
dence. 

The  second  general  object  will  be  accomplished  by  instruction  in  the 
following  subjects  :  Constitutional  law  of  the  United  States  and  the  State  ; 
International  Law,  public  and  private ;  Medical  Jurisprudence  ;  Roman  Law 
and  General  Jurisprudence ;  the  Principals  of  Morality  in  their  application 
to  the  Law  and  to  its  Practice  ;  Criminal  Law  ;  and,  it  is  hoped,  Admiralty 
Law,  and  Patent  Law. 


MOOT   COURT. 

A  Moot  Court  will  be  established,  as  a  regular  mode  of  instruction,  for  the 
argument  of  causes  and  the  discussion  of  legal  questions  by  members  of  all 

the  classes. 


146  REGISTER   OF  THE 


ACT    OF   THE    LEGISLATURE 


KSTABLISHING 

HASTINGS  COLLEGE  OF  THE  LAW 


[Approved  March  28,  1878.] 


AN  ACT   TO    ESTABLISH   HASTINGS   COLLEGE   OF  THE   LAW   IN 
CALIFORNIA. 

SECTION  1.  That  S.  C.  Hastings  be  authorized  to  found  and  establish  a 
Law  College,  to  be  forever  known  and  designated  as  "  Hastings  College  of 
the  Law." 

That  the  officers  of  said  College  shall  be  a  Dean,  Registrar,  and  eight 
Directors.  That  the  Directors  shall  be  Joseph  P.  Hoge,  W.  W.  Cope,  Delos 
Lake,  Samuel  M.  Wilson,  0.  P.  Evans,  Thomas  B.  Bishop,  John  R.  Sharp- 
stein,  Thomas  I.  Bergin,  of  the  Bar  Association  of  the  City  of  San  Francisco, 
who  shall,  when  vacancies  occur,  fill  the  same  from  members  of  said  Asso- 
ciation or  otherwise,  and  shall  always  provide  for  filling  a  vacancy  with 
some  heir  or  some  representative  of  the  said  S.  C.  Hastings. 

That  the  Dean  and  Registrar  shall  be  appointed  by  the  Directors. 

SKC.  2.  Said  College  shall  affiliate  with  the  University  of  the  State  upon 
such  terms  as  shall  be  for  the  welfare  of  the  College  and  University,  and 
shall  be  the  Law  Department  of  the  University. 

SKC.  3.  The  Faculty  of  the  University  shall  grant  diplomas  to  the  stu- 
dents of  the  College,  and  the  President  shall  sign  and  issue  the  diplomas. 

SKC.  4.  There  shall  be  set  apart  for  the  use  of  the  students  of  the  Col- 
lege, some  room  or  suitable  hall  at  the  University ;  and  the  Board  of 
Supervisors  of  the  City  of  San  Francisco  is  authorized  to  supply  a  suitable 
hall  in  the  City  of  San  Francisco  for  the  students  and  Directors. 

SKC.  5.  The  Dean  of  said  College  shall  be  ex  officio  one  of  the  Faculty 
of  the  University,  to  be  designated  as  such  by  the  Directors  .of  the  College. 

SKC.  6.  The  diploma  of  the  students  shall  entitle  the  student  to  whom 
it  is  issued  to  a  license  to  practice  in  all  the  Courts  of  this  State,  subject  to 
right  of  the  Chief  Justice  of  the  State  to  order  an  examination,  as  in  ordi- 
nary cases  of  applicants  without  such  diploma. 


UNIVERSITY  OF  CALIFORNIA. 


147 


SKC.  7.  This  Act  is  passed  upon  the  condition  that  said  S.  C.  Hastings 
shall  pay  into  the  State  treasury  the  sum  of  one  hundred  thousand  dollars, 
and  is  never  to  be  refunded,  except  as  hereinafter  provided. 

SKC.  8.  The  sum  of  seven  per  cent,  per  annum  upon  one  hundred  thou- 
sand dollars  is  to-  be  appropriated  by  the  State  and  paid  in  two  semi-annual 
payments  to  the  Directors  of  the  College. 

SKC.  9.  The  business  of  the  College  shall  be  to  afford  facilities  for  the 
acquisition  of  legal  learning  in  all  branches  of  the  law;  and  to  this  end 
shall  establish  a  curriculum  of  studies,  and  shall  matriculate  students  who 
may  reside  at  the  University  of  the  State,  as  well  as  students  residing  in 
other  parts  of  the  State. 

SKC.  10.  Professorships  may  be  established  in  the  name  of  any  founder 
of  such  Professorships  who  shall  pay  to  the  Directors  the  sum  of  thirty 
thousand  dollars. 

SEC.  11.  All  the  business  of  the  College  shall  be  managed  by  the  Direct- 
ors without  compensation.  And  all  officers  acting,  including  the  Dean  and 
Registrar,  shall  be  appointed  by  the  Directors  and  removed  by  them. 

SKC.  12.  The  Law  Library  Association  of  the  City  of  San  Francisco 
shall  grant  to  the  students  the  use  of  their  library  upon  such  terms  and 
conditions  as  they  may  agree  with  the  Directors  of  the  College. 

SKC.  13.  The  object  of  this  Act  being  to  grant  a  perpetual  annuity  for  the 
support  and  maintenance  of  said  College,  should  the  State  or  any  govern- 
ment which  shall  succeed  it  fail  to  pay  to  the  Directors  of  said  College  the 
sum  of  seven  per  cent,  per  annum  as  above  stipulated,  or  should  the  Col- 
lege cease  to  exist,  then  the  State  or  its  successor  shall  pay  to  the  said  S.  C. 
Hastings,  his  heirs  or  legal  representatives,  the  sum  of  one  hundred  thou- 
sand dollars,  and  all  unexpended  accumulated  interest;  provided,  that  such 
failure  be  not  caused,  by  mistake  or  accident,  or  omission  of  the  Legislature 
to  make  the  appropriation  at  any  one  session. 

SKC.  14.  That  the  Chief  Justice  of  the  Supreme  Court  of  the  State,  or  if 
there  be  no  such  officer  of  that  name,  the  chief  judicial  officer  of  the  State 
or  government,  shall  be  the  President  of  the  Board  of  Directors,  five  of 
whom  shall  be  a  quorum  to  transact  all  business. 


148  REGISTER   OF  THE  UNIVERSITY. 


CONDITIONS    OF   AFFILIATION. 


At  a  meeting  of  the  Board  of  Eegents,  held  August  7th,  1879,  the  follow- 
ing conditions  of  affiliation  of  the  Hastings  College  of  the  Law  with  the 
University  were  adopted  : 

Resolved,  That  the  institution  known  as  the  Hastings  College  of  the  Law 
shall  be  affiliated  with  the  University  of  California  and  made  an  integral 
part  of  the  same,  and  incorporated  therewith,  upon  the  following  terms 
and  conditions,  which  are  hereby  made  a  part  of  such  affiliation  and  incor- 
poration : 

First — The  Directors  of  said  College,,  named  in  the  Act  of  Legislature 
which  organized  it,  approved  March  28th,  1878,  shall  have  authority  to  fill 
vacancies  in  their  Board  when  the  same  occur,  as  prescribed  in  the  said 
Act,  subject  to  the  approval  of  the  Board  of  Regents  of  said  University, 
except  in  so  far  as  qualified  by  the  next  section. 

Second — Honorable  S.  Clinton  Hastings,  as  founder  of  said  College,  and 
his  legal  representatives,  shall  always  be  entitled  to  have  the  appointment 
from  his  heirs  or  representatives  of  one  of  said  Directors,  without  such 
appointment  being  subject  to  the  approval  of  the  said  Board  of  Regents. 

Third — The  Faculty  of  said  College  shall  have  the  authority  to  present 
to  the  said  Board  of  Regents  the  names  of  such  students  of  said  College  as 
they  recommend  for  diplomas,  and  the  said  Board  of  Regents  shall  issue 
diplomas  to  said  students,  subject  to  the  right  of  said  Regents  to  refuse  the 
same  for  cause: 

Fourth — As  soon  as  practicable,  there  shall  be  set  apart  for  the  use  of  the 
students  of  said  College  some  room  or  suitable  hall  at  the  University. 

Fifth — The  present  Dean  of  said  College,  the  Honorable  S.  Clinton  Hast- 
ings, shall  during  his  lifetime  have  a  seat  in  the  Academic  Senate  of  said 
University,  be  a  member  thereof,  and  have  a  vote  therein. 

Sixth — The  said  College  shall  be  subject  to  the  dominion  of  the  said 
Board  of  Regents  in  all  matters  pertaining  to  its  management  and  welfare. 

Seventh — The  number  and  duties  of  the  Professors  of  said  College  shall 
be  prescribed  and  the  business  of  said  College  managed  by  said  Board  of 
Directors,  subject  to  the  approval  of  said  Board  of  Regents. 


'mrarlitmti 

A 


FACULTY. 
JOHN  LsCONTE,  M.  D PRESIDENT. 

H.  H.  TOLAND,  M.  D.,  Professor  of  the  Principles  of  Surgery  and 
Clinical  Surgery. 

R.  BEVERLY  COLE,  A.  B.,  M.  D.,  Professor  of  Obstetrics  and  Clin- 
ical Diseases  of  Women. 

C.  M.  BATES,  M.  D.,  Professor  of    Clinical  Medicine  and  Physical 
Diagnosis. 
M.  W.  FISH,  M.  D.,  Professor  of  Physiology. 

JAMES  SIMPSON,  M.  D.,  Professor  of  Materia  Medica,  Therapeu- 
tics and  Clinical  Medicine. 

F.  W.  HATCH,  A.  M.,  M.  D.,  Professor  of  Public  Hygiene. 

N.  J.  MARTINACHE,  M.  D.,  Professor  of  Ophthalmology  and  Otology. 

G.  A.  SHURTLEFF,  M.  D.,  Professor  of  Mental  Diseases  and  Med- 
ical Jurisprudence. 

ROBERT  A.  McLEAN,  M.  D.,  Professor  of  Principles  of  Surgery 
and  Surgical  Anatomy. 

A.  W.  PERRY,  M.  D.,  Professor  of  Chemistry. 
WILLIAM  LEWITT,  M.  D.,  Professor  of  Anatomy. 

W.  F.  McNUTT,  M.  D.,  F.  R.  C.  S.,  Edinburg,  Professor  of  Theory 
and  Practice  of  Medicine. 

H.  FERRER,  M.  D.,  Lecturer  on  Pathology  and  Microscopy. 


W.  H.  MAYS,  M.  D.,  Assistant  to  the  Chair  of  Obstetrics  and  Gyne- 
cology. 

GEORGE  E.  REYNOLDS,  M.  D.,  Assistant  to  the  Chair  of  Clinical 
Medicine. 

WILLIAM  B.  LEWITT,  M.  D.,  Demonstrator  of  Anatomy. 


R.  BEVERLY  COLE,  M.  D.,  Dean,  518  Sutter  Street,  San  Francisco. 
R.  A.  McLEAN,  Secretary,  603  Merchant  Street,  San  Francisco. 


152  REGISTER   OF  THE 


NAME.  RKSIDKNCK. 

Addington,  D.  M Michigan  Bar,  California. 

Bevan,  A.  D Salt  Lake  City,  Utah. 

Bates,  Walter  E Oakland,  California. 

Bettelheim,  Felix San  Francisco,  California. 

Caldwell,  H.  H San  Jose,  California. 

Dean,  A.  J San  Francisco,  California. 

De  Puy,  A Williams,  California. 

Downes,  George  W Los  Angeles,  California. 

Evans,  C.  W Modesto,  California. 

Foulkes,  J.  F Oakland,  California. 

Foote,  Gilbert Lockford,  California. 

Gale,  Herbert  A Sacramento,  California. 

Gilham,  G.  W Island  City,  Oregon. 

Grattan,  E.  L San  Francisco,  California. 

Hopkins,  T.  T San  Francisco,  California. 

Howell,  H.  H.__l Bishop  Creek,  California. 

Hughes,  L.  J San  Francisco,  California. 

Harmon,  R Oakland,  California. 

Jewell,  J.  Grey,  M.  D San  Francisco,  California. 

Johnstone,  A. San  Francisco,  California. 

Kent,  L.  A Roseburg,  Oregon. 

Long ,  Seeley •  F Eureka,  California. 

Le  Fever,  J.  P Plumas  County,  California. 

Lord,  Franklin  F San  Francisco,  California. 

Laidlaw,  Horace Oakland,  California. 

Martin,  Richard  W Oakland,  California. 

Morgan,  F.  E Santa  Cruz,  California. 

Mueller,  Herman Brooklyn,  California. 

Moody,  Mrs.  M.  W San  Francisco,  California. 

Meyers,  R.  C San  Francisco,  California. 

Olds,  W.  S Walla  Walla,  Washington  Territory. 

Pond,  H.  M San  Francisco,  California. 

Robertson,  J.  W San-Francisco,  California. 


UNIVERSITY  OF  CALIFORNIA. 


NAMK.  RESIDENCK. 

Sparks,  Agnes San  Francisco,  California. 

Sawyer,  Herbert  C San  Francisco,  California. 

Sabey,  L.  A San  Francisco,  California. 

Shepard,  Edwin 1 H Redwood  City,  California. 

Smith,  George  S San  Francisco,  California. 

Smith,  Charles  J Oroville,  California. 

Sheets,  J.  H Phoenix,  Arizona  Territory. 

Stafford,  Henry  E Natividad,  California. 

Scott,  A.  W San  Francisco,  California. 

Sellon,  Anna  French San  Francisco,  California. 

Tarter,  Albert  P Tehama,  California. 

Urban,  Kurt Berlin,  Prussia. 

Van  Crumbrugghe,  A San  Francisco,  California. 

Voigt,-W.  C San  Francisco,  California. 

Williams,  "W.  J.  G.,  A.  M San  Francisco,  California. 

Young,  J.  D Stockton,  California. 

Younger,  E.  A _San  Francisco,  California. 

<3?otal__.  ._  50. 


154  REGISTER   OF  THE 


ANNOUNCEMENT. 


The  Medical  Department  of  the  University  of  California  is  located  in  the 
metropolis ;  the  necessary  advantages  for  clinical  teaching  being  only  fully 
found  in  a  large  city. 

The  College  building,  a  large  brick  and  stone  edifice,  is  situated  on  Stock- 
ton Street,  North  Beach,  convenient  to  the  termini  of  two  of  the  principal 
car  routes.  The  College,  known  as  Toland  Hall,  is  replete  with  all  the 
apparatus  and  appointments  required  in  imparting  a  thorough  medical 
education. 

THE  COLLEGIATE  YEAE. 

THK  COLLEGIATE  YEAR  in  this  institution  is  divided  into  two  sessions :  a 
Preliminary  Spring  Term,  and  a  Eegular  Summer  Session. 

THE  PRELIMINARY  TERM  commences  February  first  and  ends  about  the 
middle  of  May.  During  this  term  subjects  are  dwelt  upon  that  do  not 
receive  their  full  meed  of  attention  during  the  Regular  term.  Clinical 
lectures  proceed  at  the  Hospital  and  College  as  during  the  Regular  term. 
The  Chemical  Laboratory  and  Dissecting  room  are  open  for  practical  work. 
Students  are  expected  to  attend  this  preliminary  course,  although  such 
attendance  is  not  compulsory. 

THE  REGULAR  TERM  commences  June  first,  and  ends  in  the  second  week  of 
November.  During  this  term  all  the  branches  of  medicine  and  surgery  are 
taught,  didactically  and  clinically.  Regular  clinics  are  held  three  days  in 
the  week  at  the  City  and  County  Hospital,  where  the  Professors  of  the 
practical  chairs  have  charge  of  wards  and  possess  every  advantage  for  the 
instruction  of  students.  There  is  also  an  active  clinic  conducted  twice  a 
week  at  the  College  building,  where  a  large  number  of  patients  are  exam- 
ined and  treated  before  the  classes.  Didactic  lectures  are  given  daily  by 
the  Professors,  and  evening  recitations  are  held  three  times  a  week. 


PLAN  OF  INSTRUCTION. 

The  almost  paramount  importance  now  assigned  to  clinical  teaching  has 
been  fully  met  in  the  curriculum  of  this  school.  While  didactic  teaching 
has  not  been  overshadowed  or  neglected,  the  Faculty  have  made  strenuous 


UNIVERSITY  OF  CALIFORNIA. 


155 


efforts  to  secure  the  most  comprehensive  clinical  facilities  the  city  affords, 
believing  that  a  proper  blending  of  the  two  methods  of  instruction  will 
best  insure  the  end  and  aim  of  this  institution,  viz.:  the  sending  forth  of 
skilled,  practical  physicians. 

The  plan  pursued  by  the  several  clinical  professors  has  for  its  aim  the 
actual  confronting  of  the  student  with  the  phenomena  of  disease,  that  the 
senses  of  sight,  hearing,  and  touch  may  be  trained  to  aid  in  forming  a  cor- 
rect diagnosis.  The  method  of  imparting  and  educing  knowledge  is  at  once 
attractive  and  thorough,  consisting  of  questions  and  answers  on  each  patient 
examined,  discussions  on  the  plans  of  treatment  proposed,  and  the  exam- 
ination of  new  cases  by  each  senior  student  in  rotation,  in  presence  of  the 
class. 


HOSPITALS. 

• 
The  provisions  for  the  pursuit  of  bedside  study  are  perhaps  unsurpassed 

anywhere.     They  are  briefly  as  follows: 

CITY  AND  COUNTY  HOSPITAL. — This  is  the  largest  hospital  on  the  Pacific 
coast,  containing  nearly  five  hundred  beds.  The  Faculty  of  the  Medical 
Department  of  the  University  is  well  represented  in  its  corps  of  physicians. 
Three  of  the  surgical  wards  are  under  the  charge  of  Professor  Toland, 
assisted  by  Professor  McLean.  Professor  Bates  conducts  the  general  medi- 
cal clinic,  Professor  Martinache  the  clinic  of  Ophthalmology,  Otology,  and 
Laryngology.  Each  of  these  gentlemen  holds  clinics  three  times  a  week. 
The  gynecologist  of  the  hospital,  Professor  Beverly  Cole,  holds  an  obstet- 
rical and  gynecological  clinic  twice  a  week.  Autopsies  are  made  every 
other  day  under  the  direction  of  Dr.  H.  Ferrer,  who  instructs  the  class  in 
the  art  of  making  post  mortems,  and  demonstrates  pathological  conditions 
by  the  aid  of  the  microscope.  Surgical  operations  of  the  more  important 
kind  are  performed  in  the  newly  erected  operating  theater,  a  circular  build-  . 
ing  capable  of  seating  two  hundred  and  fifty  students.  Operating  days, 
Tuesday  and  Saturday.  The  hospital  is  situated  at  the  junction  of  Twenty- 
second  Street  with  Potrero  Avenue. 

CITY  RECEIVING  HOSPITAL. — This  municipal  institution,  occupying  part  of 
the  old  City  Hall,  is  the  general  receiving  depot  for  accidents  and  casualties 
occurring  on  the  streets  of  the  city.  Upwards  of  one  thousand  cases  were 
received  during  last  year.  It  is  under  the  charge  of  Dr.  C.  Black,  City 
Physician,  and  Dr.  C.  Stivers,  Police  Surgeon,  the  latter  an  alumnus  of  this 
school.  These  gentlemen  courteously  permit  students  to  visit  the  wards 
daily,  to  be  present  at  operations,  assist  at  dressings,  etc. 

SAN  FRANCISCO  FEMALE  HOSPITAL,  CLAY  STREET. — Dr.  Hutchins,  Surgeon- 
in-Chief  of  this  hospital,  kindly  assigns  cases  of  obstetrics  to  the  senior 


156  REGISTER   OF  THE 


students  of  the  school,  and  assists  them  as  far  as  possible  to  gain  a  knowl- 
edge of  the  conduct  and  management  of  child-birth. 

COUNTY  JAIL  AND  BRANCH  JAIL. — The  medical  service  of  these  institutions 
is,  through  the  kindness  of  Dr.  Black,  open  to  the  attendance  of  our  students, 
who  will  be  welcomed  by  the  physicians  in  their  rounds,  and  the  various 
conditions  and  treatment  explained. 


COLLEGE  DISPENSARY. 

Independent  of  the  clinics  at  the  several  hospitals,  instructive  clinic  is 
given  at  the  College  building,  the  patients  being  furnished  with  medicine 
prepared  in  the  College  Dispensary,  so  that  students  learn,  not  only  how  to 
prescribe  medicine,  but  how  to  dispense  it  as  well — a  matter  of  great 
importance  to  those  who  design  practicing  in  the  country. 

The  College  clinics  are  held  ontMonday  and  Thursday,  between  the 
hours  of  eleven  and  one,  and  consist  of  a  Gynecological  clinic  by  Professor 
Cole  and  Dr.  Mays  ;  a  clinic  of  Diseases  of  Eye,  Ear,  and  Throat,  by  Pro- 
fessor Martinache  ;  a  General  Medical  clinic,  and  a  clinic  of  Diseases  of 
Children  by  Professor  Perry  j  a  Surgical  clinic  by  Professor  McLean. 

To  the  students  of  the  Senior  Class  externe  cases  are  assigned  by  the 
directors  of  each  of  the  clinics,  so  that  the  student  may  be  practiced  in  the 
duties  to  devolve  upon  him  when  he  leaves  the  College  and  assumes  the 
obligations  and  responsibilities  of  th6  profession. 

The  clinics  are  so  arranged  as  in  nowise  to  interfere  with  the  didactic 
instruction. 


PRACTICAL  ANATOMY. 

The  dissecting-room,  provided  with  every  modern  convenience,  is  open 
all  the  year  for  such  as  are  prosecuting  the  study  of  practical  anatomy. 
Material  is  abundant  and  cheap,  and  every  facility  is  furnished  the  student. 


DIDACTIC  INSTRUCTION. 

That  part  of  the  educational  course  which  belongs  to  the  lecture-room, 
known  as  didactic,  is  sustained  by  a  corps  of  medical  lecturers  of  large 
experience  and  eminent  ability.  Lectures,  to  the  number  of  five  or  six  per 
diem,  are  given  either  in  the  amphitheater  or  the  large  lecture-hall  of  the 
College,  on  days  alternating  with  hospital  clinic  days% 

The  professor  of  Surgery  devotes  to  this  important  chair  all  the  attention 
it  demands,  illustrating  on  the  cadaver  and  by  wet  and  dry  preparations 
the  various  procedures,  abnormal  conditions,  and  operations. 

In  the  department  of  Obstetrics  the  professor  imparts  a  thorough  acquaint- 


UNIVERSITY  OF  CALIFORNIA,  157 


ance  with  the  conduct  of  labor,  normal  and  abnormal,  the  diagnosis  symp- 
toms and  disorders  of  the  pregnant  and  puerperal  state,  and  the  use  of 
obstetrical  instruments.  The  lectures  are  illustrated  by  the  manikin,  by 
wet  preparations,  by  colored  drawings,  and  by  a  large  collection  of  prepara- 
tions in  wax,  papier-mache,  and  leather.  Every  operation  in  obstetrics  is 
performed  on  the  female  cadaver. 

It  is  the  aim  of  the  professor  of  Materia  Medico,  to  bring  before  the  class, 
in  a  manner  readily  comprehended,  all  that  is  of  importance  in  this  depart- 
ment. Eecently  discovered  drugs  and  plants,  particularly  those  indigenous 
to  our  soil,  receive  especial  attention. 

The  lectures  in  Physiology  are  illustrated  by  a  very  complete  series  of 
colored  drawings  prepared  for  this  purpose.  The  professor  also  has  at  his 
command  the  large  collection  of  preparations  and  drawings  of  the  Scientific 
Department  of  the  State  University  at  Berkeley. 

The  course  in  Chemistry  is  made  as  practical  and  instructive  as  possible. 
The  laboratory  is  rendered  complete  by  constant  additions  of  apparatus  and 
chemicals. 

The  professor  of  Theory  and  Practice  of  Medicine,  fully  realizing  the 
importance  of  this  chair  to  the  student,  presents  a  conspectus  of  the  mod- 
ern aspect  of  the  practice  of  medicine.  Disease,  as  we  now  understand  and 
treat  it,  its  etiology,  diagnosis,  prognosis,  and  treatment,  is  the  object  of  the 
instructor  in  this  department. 

The  lectures  on  Anatomy,  general,  special,  regional,  and  surgical,  are 
illustrated  by  wet  and  dry  preparations  and  the  cadaver.  The  histology  of 
every  tissue  is  taught,  and  the  relation  of  organs  and  structures  to  each 
other  carefully  dwelt  upon. 

The  lectures  on  Medical  Jurisprudence  and  Mental  Diseases  are  by  the 
Superintending  Physician  of  the  State  Lunatic  Asylum.  They  exhibit  the 
principles  of  legal  medicine  and  the  duties  of  medical  men  as  experts  in 
Courts  of  justice,  the  examination  of  medico-legal  questions,  including 
insanity,  suicide,  infanticide,  legitimacy,  poisoning,  death,  injury  from 
violence,  feigned  sickness,  duties  of  coroners;  together  with  a  thorough 
course  on  the  various  diseases  of  the  mind. 

The  course  on  Public  Hygiene  is  a  most  interesting  one,  covering  the 
whole  subject  of  the  duties  of  individuals  and  municipalities  in  the  preser- 
vation of  the  public  health. 

The  principles  of  Gynecology  receive  a  share  of  attention  commensurate 
with  the  growing  importance  of  this  branch  of  the  science.  The  causes, 
remote  and  proximate,  of  the  many  forms  of  uterine  disease  are  considered 
in  detail,  and  the  methods  of  treatment  practically  exhibited  and  explained. 

An  idea  of  the  course  of  study  pursued  in  the  Medical  Department  may 
be  gathered  from  the  following  schedule,  which  presents  each  day's  study 
as  conducted  during  the  recent  regular  term. 


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i                                      : 

UNIVERSITY  OF  CALIFORNIA.  159 


THE  HIGHEE  STANDARD  OF  EDUCATION. 

The  question  of  establishing  a  higher  standard  of  requirements  for  grad- 
uation has  for  some  years  occupied  a  prominent  place  in  the  thoughts  of  all 
interested  in  medical  education.  It  is  with  pride  that  it  can  be  said  that 
the  Medical  Department  of  this  University  was  among  the  first  schools  of 
America  to  adopt  an  improved  and  higher  system  of  study  and  require- 
ments. A  three-years'  course  of  regular  medical  study  is  an  indispensable 
qualification '  for  graduation.  No  student  can  present  himself  for  final 
examination  until  he  has  attended  faithfully  three  regular  courses  of  lec- 
tures and  clinics.  While  this  requirement  entails  ho  extra  expense  in  the 
matter  of  fees,  it  is  a  still  further  guarantee  that  none  shall  bear  the  diploma 
of  the  State  Medical  School  but  those  thoroughly  qualified. 

The  system  of  GRADED  STUDIES  and  YEARLY  EXAMINATIONS  has  also  been  intro- 
duced, in  uniformity  with  the  Howard  plan,  and  now  generally  adopted  by 
the  higher  class  of  eastern  medical  colleges.  The  studies  are  so  graded  as 
to  allow  the  constant  introduction  of  new  matter  as  the  student  progresses, 
and  at  the  same  time  to  secure  at  least  as  much  repetition  of  the  more 
essential  subjects  as  in  the  former  system  of  teaching. 

An  examination  is  held  at  the  close  of  each  regular  term  on  the  advance- 
ment made  by  the  student  in  the  branches  assigned.  The  final  or  gradua- 
tion examination,  however,  comprises  the  whole  field  of  medicine.  The 
union  of  clinical  with  didactic  teaching,  a  leading  principle  of  this  school, 
is  not  interfered  with  in  the  working  of  this  plan. 

The  subjects  for  examination  are  apportioned  as  follows  : 

FIRST   YEAR. 

Anatomy,  Physiology,  General  Chemistry,  and  Materia  Medica. 

SECOND   YEAR. 

Anatomy,  Physiology,  Medical  Chemistry,  Materia  Medica,  Pathological 
Anatomy  and  Histology,  Clinical  Medicine,  Physical  Diagnosis,  and  Clini- 
cal Surgery. 

THIRD   YEAR. 

Anatomy,  General  and  Surgical,  Physiology,  Chemistry,  Materia  Medica 
and  Therapeutics,  Obstetrics,  Theory  and  Practice  of  Medicine,  Surgery, 
Clinical  Medicine,  Physical  Diagnosis,  Clinical  Surgery,  Gynecology,  Oph-' 
thalmology,  Mental  Diseases,  Medical  Jurisprudence,  Public  Hygiene,  and 
Laryngoscopy. 

RULES  AND  REQUIREMENTS  FOR  GRADUATION. 
I.  The  candidate  for  the  degree  of  Doctor  of  Medicine  must  have  attained 
the  age  of  twenty-one  years,  and  be  of  good  moral  character.     He  must 


100  REGISTER   OF  THE 

have  applied  himself  to  the  study  of  medicine  for  three  years,  must  have 
attended  three  regular  courses  of  medical  lectures,  and  have  attended  at 
least  his  last  course  of  instruction  in  this  school ;  have  prepared  a  satisfac- 
tory thesis  of  his  own  composition,  and  in  his  own  handwriting,  which 
must  be  submitted  prior  to  his  admission  to  examination. 

II.  Students  who  have  attended  one  full  course  in  any  regular  or  recog- 
nized Medical  College  shall,  upon  satisfactory  examination  in  the  curricu- 
lum provided  for  the  first  year,  be  admitted  as  students  of  the  second  course 
in  the  University  of  California.     Students  who  have  attended  two  courses 
in  any  regular  and  recognized  Medical  'College  shall  be  admitted  as  stu- 
dents of  the  third  course  in  this  Institution,  after  having  passed  a  satisfac- 
tory examination  in  the  curriculum  provided  for  the  second  year.     Graduates 
of  other  regular  Medical  Colleges  in  good  standing,  shall  be  admitted  as 
students  of  the  third  course  in  this  Institution  without  any  examination. 

III.  When  a  candidate  applies  to  the  Secretary  of  the  Faculty  for  exam- 
ination, he  must  give  satisfactory  evidence  that  the  above  rules  have  been 
complied  with,  which  evidence  will  be  presented  by  the  Secretary  to  the 
Dean,  by  whom  an  order  for  examination  will  be  issued. 

IV.  The  candidate  will  pay  the  graduation  fee  on  the  presentation  of  the 
thesis  to  the  Secretary,  and  upon  receiving  notice  of  having  passed  a  satis- 
factory examination,  he  will  enter  his  name  on  the  Eegister  for  the  purpose 
of  being  reported  to  the  Board  of  Regents. 

V.  Candidates  who  have  passed  their  examination,  and  in  other  respects 
complied  with  the  regulations,  are  reported  by  the  Secretary  of  the  Faculty 
to  the  Dean  of  the  University,  who  communicates  such  report  to  the  Board 
of  Regents,  so  that,  if  approved  of  by  them,  their  order  may  be  issued  for 
conferring  the  Degree. 

VI.  The  Commencement  for  conferring  the  Degree  of  Doctor  of  Medicine 
is  held  in  the  first  week  of  .November. 

VII.  For  the  convenience  of  such  candidates  as  have  at  the  close  of  the 
term  not  completed  their  full  three  years  of  study,  and  have  complied  with 
every  other  requirement,  an  examination  will  be  held  in  the  month  of  May, 
and  the  degree  will  be  conferred  upon  such  as  are  successful  at  the  next 
regular  Commencement.    A  certificate  will  be  given,  however,  setting  forth 
the  facts  in  the  case,  which  will  be  recognized  by  the  State  Board  of  Exam- 
iners, and  a  license  to  practice  granted  by  them. 

VIII.  In  accordance  Avith  the  organic  Act  under  which  the  University 
was  incorporated,  the  Faculty  will  examine  all  candidates,  whether  edu- 
cated in  the  University  or  in  other  schools.     Such   as  come   from  other 
Colleges  must  have  been  examined  by  the  Faculty  of  said  College,  and 
recommended  by  them  as  proficient  candidates  for  the  Degree.     On  passing 
the   examination   in   the  University,  they  may  receive   the   Degree   and 
Diploma,  and  rank  as  graduates  of  this  Institution. 


UNIVERSITY  OF  CALIFORNIA.  161 


EXPENSES. 

Matriculating  fee  (paid  but  once) $5  00 

Fee  for  the  First  Course  of  Lectures 130  00 

Fee  for  the  Second  Coui»e  of  Lectures 130  00 

Third  Course  of  Lectures  gratuitous  for  such  as  have  paid  for  two 

full  courses. 

Graduating  fee 40  00 

NOTE. — All  fees  are  payable  in  advance  to  the  Secretary  of  the  Faculty,  who  will  issue 
a  general  ticket  to  all  the  lectures.  No  promissory  notes  will  be  received,  but  such  stu- 
dents as  desire  may  obtain  tickets  for  one  or  any  number  of  the  chairs  separately. 


BOOKS  OF  REFERENCE. 

Anatomy — Gray's  Anatomy,  Wilson's  Anatomy,  Richardson's  Anatomy. 

Physiology — Dalton's  Physiology,  Draper's  Human  Physiology,  Flint's 
Physiology. 

Chemistry — Fowne's  Chemistry,  by  Bridges. 

Materia  Medico, — II.  C.  Wood's  Therapeutics,  Materia  Medica,  and  Toxi- 
cology, Farquarson's  Materia  Medica,  United  States  Dispensatory. 

Surgery — Erichsen's  Science  and  Art  of  Surgery,  Gross'  System  of  Sur- 
gery, H.  H.  Smith's  Operative  Surgery,  Toland's  Lectures  on  Practical 
Surgery. 

Principles  and  Practice  of  Medicine — Aitken's  Practice  of  Medicine,  Ben- 
nett's Practice  of  Medicine,  Tanner's  Practice  of  Medicine. 

Clinical  Medicine — Tanner's  Clinical  Medicine,  DaCosta's  Medical  Diag- 
nosis, Loomis'  Physical  Diagnosis. 

Obstetrics  and  Diseases  of  Women  and  Children — Bedford's  Principles  and 
Practice  of  Obstetrics,  Scanzoni's  Diseases  of  Women,  Thomas'  Diseases  of 
Women,  Sims'  Uterine  Surgery,  Simpson's  Diseases  of  Women,  West  on 
Diseases  of  Children,  Smith's  Diseases  of  Children. 

Ophthalmology  and  Otology — Troelsch  on  the  Ear,  Wells  on  Diseases  of 
the  Eye,  Donders  on  Refraction  and  Accommodation. 

Medical  Jurisprudence  and  Mental  Diseases — Maudsley's  Physiology  and 
Pathology  of  the  Brain,  Bucknell  and  Tuke  on  Insanity,  Taylor's  Medical 
Jurisprudence. 


BOARDING. 

Students  may  obtain  good  board  in  San  Francisco  at  from  five  to  ten  dol- 
lars per  week,  and,  if  they  desire,  may  live  at  a  less  expense. 

N.  B. — Students,  on  arriving  in  the  city,  should  call  at  once  upon  the 
Secretary,  Professor  R.  A.  McLean,  603  Merchant  Street,  or  the  Dean,  Pro- 


162  REGISTER  OF  THE  UNIVERSITY. 


fessor  R.  Beverly  Cole,  518  Suiter  Street,  who  will  furnish  all  necessary 
information. 

Letters  must  be  addressed  to  th'e  Secretary,  at  his  office. 


GRADUATES  SESSION  1879. 

Addington,  D.  M Michigan  Bar,  California. 

Downs,  George  W Los  Angeles,  California. 

Foote,  Gilbert Lockeford,  California. 

Gale,  Herbert  A. Sacramento,  California. 

Howell,  H.  H '..Bishop  Creek,  California. 

Hughes,  L.  J. San  Francisco,  California. 

Harmon,  R Oakland,  California. 

Johnstone,  A San  Francisco,  California. 

Sparks,  Agnes San  Francisco,  California. 

Smith,  George  S San  Francisco,  California. 

Scott,  A.  W. San  Francisco,  California. 

Voigt,  W.  C -. San  Francisco,  California. 

Younger,  E.  A. San  Francisco,  California. 


c. 


•»-•- 


This  College  was  founded  and  endowed  by  the  munificence  of  Dr.  II.  D. 
Cogswell,  of  San  Francisco.  The  character  and  conditions  of  the  endow- 
ment may  be  better  understood  from  the  following  deed,  which  has  been 
duly  executed,  recorded,  attested,  and  approved  : 

DEED   BETWEEN    H.    D.    COGSWELL   AND   THE    REGENTS    OP   THE   UNIVERSITY    OP 
CALIFORNIA. 

This  indenture  made  the  nineteenth  day  of  May,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-nine,  between  Henry  D.  Cogswell,  of  the  City 
and  County  of  San  Francisco,  State  of  California,  the  party  of  the  first  part, 
and  The  Regents  of  the  University  of  California,  an  institution  duly  created, 
organized,  and  existing  under  the  laws  of  the  State  of  California,  and  by  said 
laws  placed  under  the  charge  and  control  of  a  Board  of  Directors  known 
and  styled  as  the  Eegents  aforesaid,  the  parties  of  the  second  part,  witnesseth: 
That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the  sum  of 
five  dollars,  to  him  in  hand  paid  by  the  said  parties  of  the  second  part,  the 
receipt  whereof  is  hereby  acknowledged,  hath  bargained  and  sold,  and  by  these 
presents  doth  bargain  and  sell  forever  unto  the  said  parties  of  the  second 
part  and  their  successors,  all  that  certain  lot,  piece,  or  parcel  of  land  situate, 
lying,  and  being  in  the  City  and  County  of  San  Francisco,  State  of  Califor- 
nia, and  particularly  described  as  follows,  to  wit :  Commencing  at  a  point 
on  the  easterly  line  of  Front  Street,  distant  sixty  (60)  feet  northerly  from 
the  northeast  corner  of  the  intersection  of  Front  and  Jackson  Streets,  thence 
northerly  along  said  easterly  line  of  Front  Street  sixty  (60)  feet  to  Clark 
Street,  thence  at  right  angles  easterly  and  along  the  southerly  line  of  Clark 
Street  eighty-five  (85)  feet  to  and  including  the  brick  wall  and  the  land  on 
which  stands  the  wall  which  now  constitutes  the  rear  or  easterly  wall  of  the 
building  erected  on  the  premises  hereby  conveyed,  provided  that  said  wall 
now  is  and  shall  remain  forever  a  party  wall  between  the  premises  hereby 
conveyed  and  the  lot  of  land  with  its  appurtenances  lying  to  the  east  of  the 
said  premises,  and  if  and  when  the  said  building  is  increased  in  hight  as 
hereinafter  provided,  the  rear  or  easterly  wall  thereof,  so  far  as  built  up  to 
a  greater  hight,  shall  also  constitute  a  party  wall  between  the  said  premises 
and  the  said  lot  to  the  east  thereof,  without  being  chargeable  to  the  latter 
for  any  part  of  the  cost  of  erecting  it,  thence  at  right  angles  southerly  and 
parallel  with  Front  Street  sixty  (60)  feet,  thence  at  right  angles  westerly 


166  REGISTER   OF  THE 


and  parallel  with  Jackson  Street  eighty-five  (85)  feet  to  the  easterly  line  of 
Front  Street  and  point  of  commencing. 

Together  with  all  and  singular  the  hereditaments  and  appurtenances 
thereunto  belonging  or  in  anywise  appertaining ;  and  the  reversion  and 
reversions,  remainder  and  remainders,  rents,  issues,  and  profits  thereof, 
and  also  all  the  estate,  right,  title,  interest,  claim,  or  demand  whatsoever  of 
him,  the  said  party  of  the  first  part,  either  in  law  or  in  equity  of,  in,  and 
to  the  above  bargained  premises  and  every  part  and  parcel  thereof. 

To  have  and  to  hold  all  and  singular  the  said  hereinbefore  granted  and 
demised  premises,  with  the  appurtenances,  unto  the  said  parties  of  the  sec- 
ond part  and  their  successors  forever,  upon  the  trusts,  nevertheless,  and  to 
and  for  the  uses,  interests,  and  purposes  hereinafter  limited,  described,  and 
declared,  to  wit : 

1st.  Until  the  improvement  and  enlargement  of  the  building  erected  on 
said  premises,  to  be  made  as  hereinafter  mentioned,  the  said  parties  of  the 
second  part  shall  at  all  times  and  continuously,  in  consideration  of  this 
conveyance,  demise,  let,  and  furnish  unto  the  "  Cogswell  Dental  College  of 
the  University  of  California,"  all  and  singular  the  second  story  of  the  brick 
building  situated  in  said  premises  as  it  now  exists,  or  so  much  thereof  as 
the  Faculty  of  said  Dental  College  may  require,  except  the  portion  thereof 
which  is  demised  to  said  party  of  the  first  part  by  an  indenture  of  lease  of 
even  date  with  these  presents,  to  be  used  by  said  Dental  College  for  the 
purpose  thereof,  and  subject  to  such  changes  or  alterations  in  the  arrange- 
ment and  partitioning  of  the  said  rooms  as  the  Faculty  of  the  said  Dental 
College  may  deem  it  proper  to  make  ;  provided,  that  When  the  said  parties 
of  the  second  part  shall  have  made  and  completed  the  said  improvement 
and  enlargement  for  the  said  building,  as  hereinafter' mentioned,  then  and 
thenceforth  they  shall  demise,  let,  and  furnish  unto  the  said  "Cogswell 
Dental  College"  one  entire  story  in  the  said  building  for  the  exclusive  use 
and  purposes  of  the  said  College,  said  story  to  be  selected  by  the  Faculty  of 
said  College,  and  if  the  said  parties  of  the  second  part  in  their  discretion 
should  deem  it  advisable,  they  shall  furnish  the  said  Dental  College,  gratu- 
itously, with  so  much  more  room  in  the  said  building,  beside  the  said  story 
thereof,  as  they  shall  deem  needful  for  its  uses  and  purposes. 

2d.  That  the  parties  of  the  second  part  shall  use  all  proper  efforts  to  rent 
or  demise  all  the  rest  and  residue  of  the  said  building,  including  the  stores 
on  the  first  floor  thereof,  to  suitable  tenants,  for  the  highest  and  best  rents 
that  can  be  obtained  therefor,  and  that  after  paying  out  of  said  rents  the 
necessary  expenses  connected  therewith,  and  with  the  maintenance  and 
preservation  of  the  said  building,  they  shall  employ  the  remainder,  to  wit: 
the  net  amount  thereof,  as  an  accumulation  fund,  which  fund  and  interest 
thereof,  if  they  shall  be  able  to  obtain  interest  on  the  same  or  any  portion 


UNIVERSITY  OF  CALIFORNIA.  167 


of  it,  shall  be  kept  augmenting  until  it  has  attained  an  amount  or  aggre- 
gate sum  sufficient  to  enable  the  said  building  to  be  improved  and  enlarged 
by  the  addition  of  three  new  brick  stories  thereto  ;  that  is  to  say,  two  full 
stories  and  such  third  story  or  half  story  as  shall  be  afforded  by  a  Mansard1 
roof,  which  shall  by  them  be  placed  on  said  building,  and  the  said  improve 
ment  and  elevation,  and  any  corresponding  improvement  in  the  portion  of 
the  building  already  erected,  shall  be  made  in  such  form  and  with  such 
regard  to  finish,  quality,  and  character  of  ornament  as  shall  seem  to  the 
said  parties  of  the  second  part  best  adapted  to  further  and  fulfill  the  pur- 
poses of  the  party  of  the  first  part  in  the  creation  of  the  said  trust ;  provided, 
that  the  stone  tablet,  with  the  inscription  "Cogswell's  Building,  1859," 
shall  be  permanently  retained  upon  and  constitute  a  visible  portion  of  said 
building. 

3d.  That  it  may  be  at  all  times  lawful  and  proper  for  the  said  parties  of 
the  second  part,  in  order  to  facilitate  and  expedite  the  aforesaid  enlargement 
and  improvement  of  said  building,  to  hypothecate  and  pledge  the  future 
rents  thereof,  as  well  those  arising  from  the  said  building  in  its  present 
form,  as  those  which  may  ensue  from  the  new  portions  pf  said  building  so 
to  be  superadded  as  and  for  a  means  of  securing  and  paying  for  the  cost  of 
the  said  improvement,  by  obtaining  a  loan  of  money  sufficient  for  that  pur- 
pose, to  repay  which  loan  with  interest  said  rents  may  be  by  the  parties  of 
the  second  part  pledged  and  hypothecated  ;  and  in  case  said  loan  is  effected 
it  shall  be  the  duty  of  the  parties  of  {.he  second  "part  to  repay  the  same, 
with  the  interest  thereof,  out  of  the  first  net  rents  received  by  them,  and 
before  employing  the  said  rents  or  any  part  thereof,  for  any  of  the  other 
trusts  herein  created  and  specified  ;  provided,  that  the  said  party  of  the  first 
part,  H.  D.  Cogswell,  shall  have  the  first  option  or  choice  of  making  the 
said  loan,  and  taking  the  said  security  therefor. 

4th.  After  the  building  has  been  enlarged  and  completed  as  aforesaid, 
the  said  parties  of  the  second  part  shall  provide  and  furnish  in  perpetuity 
one  entire  story  thereof  to  the  said  Dental  College,  and  so  much  more  of 
the  room  therein  as  they  may  deem  needful,  and  as  hereinbefore  specifically 
provided. 

5th.  All  the  rest  and  residue  of  the  said  building,  except  that  portion 
thereof  which  is  demised  to  said  party  of  the  first  part  by  an  indenture  of 
lease  of  even  date  with  these  presents,  shall  be  let  and  rented  by  the  said 
parties  of  the  second  part  to  suitable  tenants  for  the  highest  and  best  rents 
that  can  be  obtained  therefor,  and  out  of  the  net  receipts  from  the  said  rents, 
after  paying  the  necessary  expenses  connected  therewith,  and  when  said 
receipts  become  sufficient  for  that  purpose,  up  to  which  period  they  shall 
be  accumulated,  if  necessary,  so  as  to  constitute  a  fund  in  furtherance  of 
the  same  object,  they  shall  be  appropriated  by  the  said  parties  of  the  second 


^ .  f 

168  REG-ISTER   OF  THE 


part  to  the  payment  of  a  monthly  amount  or  sum  of  $300,  or  $3,600  per 
annum,  for  the  establishment  and  maintenance  of  a  Chair  in  the  said  Uni- 
versity, which  it  is  the  further  object  of  these  trusts  to  create  and  endow,  to 
be  known  and  designated  as  the  "Cogswell  Chair  of  Moral  and  Intellectual 
Philosophy,"  and  said  sum  shall  be  so  appropriated  in  perpetuity  or  so  long 
as  the  said  parties  of  the  second  part  shall  be  enabled  to  realize  the  same 
from  the  sources  aforesaid. 

6th.  After  appropriating  the  rents  of  the  said  premises  as  aforesaid,  the 
parties  of  the  second  part  shall  appropriate  such  further  net  proceeds  as 
shall  result  therefrom,  one-half  to  the  said  Dental  College,  for  the  uses  and 
purposes  thereof,  and  one-half  to  the  said  parties  of  the  second  part,  to  be 
used  in  and  under  their  discretion,  as  a  means  of  contributing  to  the  sup- 
port and  maintenance  of  such  students  in  the  said  University  as,  from  their 
lack  of  pecuniary  ability,  are  incapable  of  supporting  themselves  during 
the  period  of  a  collegiate  course,  and  who  would  otherwise  for  such  reason 
be  unable  to  obtain  the  benefit  of  an  education  in  the  said  University  ; 
provided,  that  when  such  further  net  proceeds  amount  to  the  sum  of  $600 
per  annum,  the  on^-half  thereof,  namely,  $300,  is  to  be  appropriated  to  the 
said  Dental  College  as  aforesaid  ;  then  and  thereafter  all  the  increase  of  the 
said  net  proceeds  over  and  above  the  said  sum  of  $600  shall  be  appropriated 
by  the  said  parties  of  the  second  part  to  the  full  extent  to  which  the  amount 
thereof  may  increase  at  any  time  hereafter  to  the  same  object  as  that  here- 
inbefore last  above  mentioned,  to  wit :  to  the  support  or  maintenance  of 
such  students  as  from  their  said  lack  of  pecuniary  ability  are  incapable  of 
supporting  themselves  during  the  period  of  a  collegiate  course,  and  who 
would  otherwise  for  such  reason  be  unable  to  obtain  the  benefit  of  an  edu- 
cation in  the  said  University,  which  fund  last  mentioned  shall  be  known 
and  designated  as  the  "  Cogswell  Students'  Eelief  Fund  ;"  and  provided 
further,  that  if  at  any  time  hereafter,  in  the  discretion  of  the  said  parties 
of  the  second  part,  it  shall  be  deemed  desirable  to  use  the  said  net  proceeds 
over  and  above  the  said  $600,  or  any  part  of  said  net  proceeds,  for  the  pur- 
poses of  said  Dental  College,  either  to  pay  for  the  services  or  salary  of 
professors  or  lecturers,  or  to  render  the  tuition  in  said  College  free  and 
gratuitous,  or  for  both  of  said  objects,  it  shall  and  may  be  lawful  for  them 
so  to  do,  and  these  trusts  are  upon  the  express  condition  that  they  may 
exercise,  at  all  times,  the  said  discretion,  and  so  appropriate  the  said  pro- 
ceeds, or  any  part  thereof,  it  being  the  wish  of  the  said  party  of  the  first 
part  that  the  said  Dental  College  should  be  brought,  by  the  parties  of  the 
second  part,  to  as  high  a  degree  of  character,  scholarship,  standard  of 
tuition,  and  efficiency  as  exists  in  any  similar  institution. 

7th.  That  the  said  premises  hereinbefore  conveyed,  and  their  extension 
and  enlargement  and  the  accumulation  derived  therefrom,  shall  constitute 


UNIVERSITY  OF  CALIFORNIA.  169 


three  several  endowments  by  the  said  party  of  the  first  part,  Henry  Daniel 
Cogswell,  and  Caroline  Elizabeth,  his  wife,  namely,  an  endowment  for  the 
said  Dental  College,  an  endowment  for  the  said  Chair  of  Moral  and  Intel- 
lectual Philosophy,  and  an  endowment  for  the  said  Student's  Relief  Fund, 
to  the  creation  of  which  several  endowments  the  party  of  the  first  part  and 
his  said  wife  are  prompted  by  their  desire  to  aid  the  cause  of  dental  science 
and  the  cause  of  education. 

8th.  That  the  said  parties  of  the  second  part  shall  and  will  keep  the 
building  erected  upon  said  premises,  and  any  addition,  improvement,  or 
enlargement  made  thereon  as  aforesaid,  insured  against  loss  by  fire  to  an 
amount  equal  to  two-thirds  of  the  value  of  the  said  building,  exclusive  of 
the  foundations  thereof,  consisting  of  the  piles  and  capping  which  consti- 
tute the  same,  out  of  said  fund. 

9th.  That  in  case  the  said  parties  of  the  second  part  should  sell  or  mort- 
gage the  premises  hereinbefore  conveyed,  or  any  part  thereof,  this  convey- 
ance and  transfer  shall  thereafter  be  considered  and  be  null  and  of  no  effect, 
and  the  property  hereby  conveyed  shall  revert  to  and  become  the  property 
absolutely  of  the  party  of  the  first  part,  or  his  legal  representatives. 

10th.  That  the  estate  hereby  conveyed,  and  the  net  proceeds  thereof, 
shall  constitute  the  sole  and  only  fund  and  source  from  which  the  said 
trusts  shall  be  sustained  and  the  said  endowments  supported,  and  the 
moneys  required  therefor  obtained,  and  the  said  parties  of  the  second  part 
shall  not  be  liable  in  their  individual  or  corporate  capacity,  nor  shall  the 
said  University  be  liable  to  advance  any  further  or  other  moneys,  or  become 
in  any  respect  chargeable  for  any  expense  or  charge  whatever  connected 
with  the  said  trust. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal  the  day  and  year  first  above  written. 

HENRY  D.  COGSWELL. 

Signed,  sealed,  and  delivered  in  presence  of — 

CAROLINE  E.  COGSWELL. 

STATK  OP  CALIFORNIA, 

City  and  County  of  San  Francisco, 

On  the  19th  day  of  May,  A.  D.  1879,  before  me,  George  T.  Knox,  a 
Notary  Public  in  and  for  said  city  and  county,  residing  therein,  duly  com- 
missioned and  sworn,  personally  appeared  Henry  D.  Cogswell,  known  to 
me  to  be  the  person  described  in,  whose  name  is  subscribed  to,  and  who 
executed  the  within  instrument,  and  he  duly  acknowledged  to  me  that  he 
executed  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  at  my  office  in  the  City  and  County  of  San  Francisco,  the  day  and 
year  last  above  written. 

[L.  s.j  GEORGE  T.  KNOX,  Notary  Public. 


170  REGISTER   OF  THE 


ESTABLISHMENT. 

The  College  was  organized  by  the  adoption  of  the  following  resolutions  : 
Resolved,  1.  That  the  Board  of  Regents  of  the  University  of  California, 
in  conformity  with  the  terms  of  the  deed  executed  by  H.  D.  Cogswell, 
establish  a  Dental  College,  to  be  designated  the  "  Cogswell  Dental  College," 
in  which  complete  courses  of  instruction  must  be  given  in  the  Theory  and 
Practice  of  Dentistry,  consisting  of  such  appropriate  studies  and  lectures  as 
may  be  determined  by  the  said  Board  of  Regents. 

2.  That  the  following  Chairs  be  established  in  said  College,  to  be  filled  by 
the  Board  of  Regents,  by  the  election  of  competent  professors  and  instruct- 
ors, as  soon  as  may  be  practicable,  namely  : 

(1).  A  Chair  of  Operative  Dentistry. 

(2).  A  Chair  of  Mechanical  Dentistry. 

(3).  A  Chair  of  Regional  Anatomy  and  Surgery. 

Also,  in  connection  with  the  "  Medical  Department"  of  the  University 
of  California,  the  following  Chairs  : 

(a).  A  Chair  of  Anatomy. 

(b).  A  Chair  of  Physiology. 

(c).  A  Chair  of  Chemistry. 

(d).  A  Chair  o£  Surgery. 

Also,  such  other  Chairs,  under  appropriate  designations,  as  the  said  Board 
of  Regents  may  hereafter  see  fit  to  establish  in  said  College. 

3.  That  the  Board  of  Regents  will  confer  the  Degree  of  "  Doctor  of  Den- 
tal Surgery "  at  the  end  of  the  prescribed  course  upon  such  students  as, 
having  completed  the  same,  are  found  proficient  therein. 

4.  That  the  compensation  of  the  professors  and  instructors  in  said  College 
as  well  as  other  expenses  of  the  same,  are  to  be  paid  from  the  tuition  fees  of 
the  students  and  the  special  endowment  fund  of  said  College,  in  such  man- 
ner as  the  said  Board  of  Regents  may  determine. 

5.  That  the  said  College  be  organized  in  accordance  with  the  several 
"requirements"  of  the  donor,  herewith  submitted  : 

REQUIREMENTS    OF    THE    DONOR    IN    RELATION   TO    THE    ESTABLISHMENT   OF   THE 
<l  COGSWELL   DENTAL   COLLEGE." 

1.  That  twelve  (12)  free  scholarships  be  granted  to  the  donor  or  his  legal 
representatives,  he  or  they  nominating  the  candidates  for  such  scholarships, 
who,  when  found  properly  qualified,  shall  receive  tuition  in  all  branches  of 
study  required  for  the  proper  degree  in  the  "  Cogswell  Dental  College,"  free 
from  all  charge  for  the  same. 

2.  That  the  Faculty  of  said  College  shall,  as  soon  as  practicable,  organize 
a  system  of  "free  dental  operations,"  for  a  class  of  persons  who  maybe 
adjudged  unable  to  pay  for  the  same,  to  be  kept  open  at  such  hours  at  said 


UNIVERSITY  OF  CALIFORNIA. 


171 


College  as  may  be  arranged  by  the  said  Faculty.  This  is  not  intended  to 
prevent  the  exaction  of  small  charges  for  necessary  supplies,  sufficient  to 
cover  the  actual  cost  of  material  used,  for  themselves  and  others  not  able  to 
pay  anything. 

3.  That  when  the  "  Cogswell  Contingent  Fund,"  as  provided  in  the  deed, 
becomes  available,  it  shall  be  used — first,  in  small  temporary  loans  to  indi- 
gent and  meritorious  students  in  said  College,  of  approved  moral  character 
and  frugal  habits ;  and  second,  in  providing  proper  appliances  for  instruction. 

4.  That  qualified  females  shall  be  received  as  students  in  the  said  College 
upon  the  same  terms  as  males. 

5.  That  no  person  of  proper  qualifications  and  of  good  moral  character 
and  habits  shall  be  refused  admission  or  graduation  in  said  College,  on 
account  of  nationality,  color,  politics,  or  religion. 

(Signed) :  H.  D.  COGSWELL. 


3D. 


ulbt$  ulj 


OFFICERS. 

PRESIDENT. 

WILLIAM  GEARY. 

FIRST   VICE-PRESIDENT, 

JAMES  TOPLEY. 

SECOND    VICE-PRESIDENT, 

JOHN  T.  BEADY. 

CORRESPONDING   SECRETARY, 

JAMES  G.  STEELE. 

RECORDING    SECRETARY, 

F.  C.  BAUER. 

TREASURER, 

WILLIAM  J.  BRYAN. 

LIBRARIAN   AND   CURATOR, 

EDWIN  W.  JOY. 

EDITOR, 

WILLIAM  M.  SEARBY. 

BOARD  OP  TRUSTEES, 

WILLIAM  T.  WENZELL,  CHAIRMAN, 
JOHN  GAL  VERT,  EMLEN  PAINTER, 

A.  L.  LENGFELD,  CARL  D.  ZEILE, 

F.  C.  BAUER,  W.  M.  SEARBY. 


176  REGISTER   OF  THE 


COLLEGE  OE  PHARMACY. 


FACULTY. 

JOHN   LsCONTE,  M.  D PRESIDENT. 

WILLIAM  T.  WENZELL,  Professor  of  Chemistry. 

W.  M.  SEARBY,  Professor  of  Materia  Medico,. 

EMLEN  PAINTER,  Professor  of  Pharmacy,  and  Dean  of  Faculty. 

HERMANN  BEHR,  M.  D.,  Professor  of  Botany. 


CLASS  OF  1878. 


NAME.  NATIVITY.  PRECEPTOR. 

Burnett,  George  G Boston G.  G.  Burnett. 

Brown,  Elmer  Marvin Oregon Medical  Student. 

Crilley,  "William  M Australia J.  J.  McDonnell. 

Day,  Joseph  Henry Dayton,  W.  T Day  Brothers. 

D'Artenay,  Eugene Alton,  111. 

Evans,  Thomas  A Bristol,  Eng. A.  Evans. 

Fraser,  Thomas  T Canada J.  W.  Angell. 

Gould,  David  F Boston 

Gage,  William  Henry Stockton J.  H.  Dawson. 

Gove,  David  Jackson San  Francisco Burt  &  Company. 

Hunt,  Denis  Darwin Frankfort,  N.  Y. Redington  &  Company. 

Hammit,  Charles  Henry  ___Knoxville,  Tenn. G.  G.  Burnett. 

Hutchinson,  Charles  S Peabody,  Mass 

Herzog,  Otto  Herman Detroit,  Mich C.  L.  Steylaars. 

Helke,  William  L San  Francisco 

Hurtzig,  William  F.  N. Placer  County,  Cal W.  J.  Bryan. 

Jones,  Clarence  F San  Francisco E.  Painter. 

Joy,  Edwin  Wolcott Jacksonville,  111 C.  A.  Bayley. 

Kelly,  Darius  W New  Hampshire 


UNIVERSITY  OF  CALIFORNIA.  177 


Lewis,  Miss  H.  M San  Francisco Medical  Student. 

Morrison,  William  Parks___St.  Johns,  Canada Coffin  &  May  hew. 

Messing,  Louis  Phillip San  Jose A.  M.  Kurtz. 

McDonnell,  Samuel  A Rome,  N.  Y. G.  G.  Burnett. 

Moore,  Charles  Crislie Stockton H.  H.  Moore. 

McLaughlin,  W.  H. Folsom E.  Painter. 

Matthewson,  James  McL — Scotland W.  D.  Conard. 

Minor,  George  W. New  York W.  J.  Bryan. 

Mervy,  Emile  Claude San  Francisco A.  Mervy. 

Miller,  George  Harvey Brooklyn,  IS".  Y. W.  J.  Dinsmore. 

McDonough,  John  F. Folsom,  Cal. _ H.  P.  Wakelee. 

Murphy,  Martin  James Monroe,  Wis _Crane  &  Brigham. 

Ospina,  Tulio Medellin,  U.  S.  Colombia_University  California. 

Ospina,  Pedro  N. Bogata,  U.  S.  Colombia- -University  California. 

Pruett,  J.  A. Missouri Medical  Student. 

Parker,  Ed.  Silas Chicago LeFevre  &  Kahn. 

Roethe,  Louis  Henry Shasta,  Cal C.  Roethe. 

Runyon,  Ed.  W Chicago Redington  &  Company. 

Schwartzman,  Max New  York C.  L.  Steylaars. 

Sommer,  Adolph Germany C.  H.  Mentz. 

Summers,  John  F Sonora,  Cal. Medical  Student. 

Semler,  Paul  E.  A. Germany Boericke  &  Tafel. 

Smith,  Arthur  H.  II New  York -_-__H.  P.  Wakelee. 

Shuey,  Miss  Sarah Illinois Medical  Student. 

Thurston,  Rufus  L. Fitchburg,  Mass Medical  Student. 

Von  Leudinghausen,  A.  W. -Germany 0.  W.  Von  Leudinghausen. 

Vreeland,  Frank  L Oil  City,  Penn A.  L.  Lengfeld. 

Van  Orden,  Leander Oroville __t Medical  Student. 

Wappel,  George Marysville E.  Painter. 

Weiss,  Philip Austria : 

Winch,  Frederick  C Auburn,  N.  Y D.  W.  Ward. 

Zemansky,  Henry  J._l New  York -  .-William  Koeller. 

Total--  -  51. 


178  REGISTER    OF  THE 


COLLEGE   OF   PHARMACY. 


[CIRCULAR.] 

The  Trustees  of  the  CALIFORNIA  COLLEGK  OF  PHARMACY  desire  to  call  the 
attention  of  all  persons  engaged  in  the  drug  business  on  the  Pacific  Coast  to 
the  following  announcement  of  the  lecture-course  for  the  approaching  ses- 
sion. 

In  no  other  part  of  the  United  States  is  there  such  need  of  the  advantages 
which  this  College  supplies.  The  long  hours  of  business  prevalent  here, 
the  frequent  changes  in  the  management  of  our  various  establishments, 
combined  with  other  causes  well  known  to  every  apothecary,  render  it  dif- 
ficult for  employers  to  give  systematic  instruction  to  their  assistants  and 
apprentices  in  the  various  branches  of  science  with  which  they  ought  to  be 
familiar.  This  instruction  the  College  provides,  and  the  Trustees  hope  that 
employers  will  afford  their  assistants  the  requisite  time  to  attend  the  lec- 
tures, as  well  as  a  short  time  every  day  for  study. 

The  Trustees  would  also  urge  young  men  who  may  have  entered  the  drug 
business  without  a  liberal  education  to  lose  no  time  in  making  up  this  defi- 
ciency. In  addition  to  a  good  English  education,  they  should  at  least  know 
enough  of  Latin  to  enable  them  to  read  prescriptions  and  pharmacopoeias 
with  readiness  and  accuracy. 

Attention  is  directed  to  the  change  made  in  the  time  of  commencing  the 
lectures,  and  also  to  the  fact  that  there  will  be  five  lectures  each  week 
instead  of  four  as  heretofore.  This,  it  is  believed,  will  be  an  advantage  to 
the  students  which  will  be  duly  appreciated. 


THE   LECTURES 

Will  be  delivered  in  the  Hall  of  the  Academy  of  Sciences,  corner  of 
Dupont  and  California  Streets,  on  Tuesday  and  Friday  evenings,  and  on 
Mondays  at  1  p.  M.,  commencing  at  the  end  of  May,  and  terminating  about 
the  end  of  October.  In  order  that  the  students  may  derive  the  fullest  bene- 
fit from  the  lectures,  tfiey  should  be  present  at  the  opening  of  the  session. 


UNIVERSITY  OF  CALIFORNIA. 


179 


CHEMISTRY. 

The  lectures  will  be  delivered  on  Tuesday  and  Friday  of  each  week,  at 
7:30  P.  M. 

This  course  will  present  a  systematic  study  of  theoretical  chemistry, 
according  to  the  latest  views  of  chemical  philosophers. 

Physics  will  be  dwelt  upon  sufficiently  for  the  illustration  of  the  general 
properties  of  matter — the  forces  of  gravitation,  adhesion,  and  cohesion. 

Caloric  in  its  relation  to  chemistry  will  be  treated  of. 

This  will  be  followed  by  the  laws  of  chemical  affinity,  the  electro-chem- 
ical theory,  symbols,  nomenclature,  and  the  laws  of  chemical  combination. 

A  full  and  concise  course  of  the  chemistry  of  the  non-metallic  and  metal- 
lic bodies  is  next  taken  up,  comprising  the  more  important  elements,  and 
those  of  special  interest  to  the  pharmacal  student. 

The  course  to  conclude  with  organic  chemistry,  in  which  the  chemistry  of 
the  alcohols,  ethers,  organic  acids,  sugars,  glucose,  gums,  starch,  glucosides, 
alkaloids,  etc.,  will  receive  their  due  share  of  attention. 


MATEEIA  MEDICA. 

The  lectures  will  be  delivered  on  Tuesday  of  each  week,  at  8:30  P.  M. 

The  lectures  on  Materia  Medica  are  devoted  to  those  substances,  chiefly 
of  vegetable  origin,  which  are  used  in  medicine,  and  which  are  included 
under  the  general  designation  of  drugs. 

These  articles  are  treated  of  in  a  systematic  manner,  notice  being  taken 
of  the  sources  from  which  they  are  derived,  their  natural  and  commercial 
history,  principal  constituents,  and  remedial  qualities.  The  ordinary  and 
toxical  doses,  with  antidotes  to  the  latter,  receive  careful  consideration. 

The  students  are  instructed  as  to  the  proper  time  for  collecting  the  vari- 
ous vegetable  products,  as  well  as  the  best  modes  of  preserving  them. 
Attention  is  called  to  their  physical  properties  as  met  with  in  trade,  and  to 
the  leading  characteristics  of  each  drug.  Substitutions,  adulterations,  and 
natural  impurities,  with  the  methods  of  detecting  the  same,  are  duly  con- 
sidered, as  also  the  distinguishing  features  observed  in  articles  of  superior 
and  inferior  quality.  The  use  of  the  microscope  is  shown  as  a  means  of 
identifying  different  drugs,  and  of  detecting  adulterations. 


PHARMACY. 

The  lectures  will  be  delivered  on  Friday  of  each  week,  at  8:30  P.  M. 
The  introductory  lectures  to  this  course  embrace  the  art  of  weighing  and 
measuring  ;  definition  of  the  systems  of  weights  and  measures  in  use,  and 


180  REGISTER   OF  THE 


authorized  by  the  United  States,  British,  French,  and  German  Pharmaco-' 
poeias ;  the  theory  and  practice  of  obtaining  the  specific  gravity  of  liquids 
and  solids.  A  description  of  the  apparatus  necessary  to  the  proper  conduct 
of  the  business  of  the  Pharmacist,  and  the  purposes  to  which  they  are 
applied— such  as  Comminution,  Solution,  Filtration,  Neutralization,  Pre- 
cipitation, Crystallization,  and  the  management  of  heat  in  its  application 
to  the  processes  of  Evaporation,  Distillation,  Sublimation,  Calcination,  etc., 
will  be  embraced  in  the  regular  course,  in  which  the  preparations  and  pro- 
ducts, officinal  in  the  United  States,  and  other  Pharmacopoeias,  together 
with  such  non-officinal  preparations  as  may  merit  attention,  will  be  con- 
sidered. 

It  being  impossible  to  consider  each  individual  process  minutely,  it  will 
be  the  chief  aim  to  thoroughly  elucidate  those  processes  that  are  types  of 
others ;  referring  to  the  typical  process  whenever  it  can  be  done  without 
depriving  the  student  of  valuable  information,  and  drawing  attention  to 
any  peculiarity  or  reason  for  modifying  or  deviating  from  the  type. 

By  this  method  of  instruction  it  is  believed  the  student  will  acquire  a 
comprehensive  knowledge  of  his  profession,  and  will  readily  find  similarity 
between  substances  that  are,  physically,  entirely  different.  Manufacturing 
and  Extemporaneous  Pharmacy  will  receive  its  full  share  of  attention  ;  and 
those  processes  that  can  be  conveniently  carried  out  by  the  Pharmacist  will 
be  minutely  dwelt  upon.  The  adulterations  and  sophistications,  to  which 
the  officinal  preparations  are  subject,  and  the  methods  of  their  detection, 
will  be  noticed  to  the  extent  their  importance  may  demand. 


BOTANY. 

The  lectures  will  be  delivered  on  Monday  of  each  week,  at  1  P.  M. 

The  lectures  include  structural,  functional,  and  systematic  botany,  and 
the  geography  of  plants.  In  addition  to  these  weekly  mid-day  lectures, 
excursions  will  be  made  into  the  country  011  alternate  weeks  during  the 
session,  for  the  purpose  of  collecting  and  studying  indigenous  plants,  under 
the  direction  of  the  Professor. 


CONDITIONS  OF  GRADUATION. 

1.  The  candidate  must  be  of  good  moral  character,  and  have  attained  the 
age  of  twenty-one  years. 

2.  He  must  have  attended  two  full  courses  of  lectures  given  by  this  Col- 
lege, or  one  of  those  given  by  some  other  College  of  Pharmacy  whose  con- 
ditions of  graduation  are  based  upon  the  like  term  of  service,  and  the  final 
course  in  this  College. 


UNIVERSITY  OF  CALIFORNIA.  181 


3.  At  the  time  of  the  final  examination  for  the  degree  of  Graduate  in 
Pharmacy,  the  candidate  must  have  had  at  least  three  and  a  half  years' 
practical  experience ;  but  he  shall  not  receive  his  diploma  until  he  shall 
have  completed  the  term  of  four  years'  service. 

4.  Candidates  for  graduation  will  be  subjected  to  a  written,  oral,  and 
practical  examination. 

a.  The  examination  will  embrace  questions  in  Theoretical  and  Pharma- 
ceutical Chemistry,  Botany,  Pharmacognosy,  and  Materia  Medica,  a  knowl- 
edge of  the  United  States  Pharmacopoeia,  of  the  various  systems  of  weights 
and  measures,  of  the  maximum  doses  of  powerful  remedial  agents,  of  the 
antidotes  for  poisons,  and  the  translation  of  Latin  prescriptions. 

b.  The  practical  examination  will  comprise  the  analysis  as  to  identity  and 
purity  of  simple  medicinal  chemicals,  the  actual  compounding  of  prescrip- 
tions requiring  skill  and  judgment,  the  identification  of  specimens  in  the 
several  departments,  and   the   making  of    Chemical  and  Pharmaceutical 
preparations. 

5.  No  special  examination  will  be  held,  but  only  one  regular  examination 
at  the  end  of  the  regular  course. 

6.  Each  candidate  must  present  an  original  thesis  written  in  English,  in 
his  own  hand-writing,  and  also  pass  his  examination  in  English. 

7.  He  must  be  recommended  jointly  by  the  Professors  and  the  Examin- 
ing Board,  which  recommendation  will  be  acted  upon  by  the  Eegents  of  the 
University  of  California,  by  whom  the  degree  is  conferred  (the  College  of 
Pharmacy  being  affiliated  with  the  University). 

8.  Any  student  who  has  not  had  the  full  three  and  a  half  years'  service 
here  referred  to,  but  who  has  complied  with  all  the  other  conditions  of 
graduation,  may  present  himself  for  examination,  and,  should  he  receive 
the  requisite  number  of  credits,  will  be  awarded  a  "  Certificate  of  Profi- 
ciency," upon  which  he  will  afterwards  be  entitled  to  a  diploma  on  pro- 
ducing evidence  of  having  completed  the  four  years'  practical  experience. 


FEES,. 

Lecture  tickets  (for  the  season) $50  00 

Matriculation  ticket 2  50 

Diploma  fee 10  00 

The  matriculation  and  lecture  tickets  must  be  taken  out  by  each  student 
in  person,  and  must  be  indorsed,  the  former  within  fifteen  and  the  latter 
within  thirty  days  from  the  beginning  of  the  lecture  course. 

Members  and  graduates  of  the  College,  and  students  who  have  attended 
two  sessions  in  the  College,  are  admitted  free  to  the  lectures.  Students  in 
any  of  the  departments  of  the  University  of  California  and  in  the  Medical 


182  REGISTER   OF  THE 


College  of  the  Pacific  will  be  admitted  to  the  lectures  free  by  matriculating 
and  paying  only  for  the  matriculation  ticket.  Medical  students,  or  others, 
not  intending  to  pursue  pharmacy  as  their  vocation,  will  be  admitted  to  the 
lectures,  or  any  one  of  the  courses  they  may  desire  to  attend,  by  paying  the 
matriculation  fee  and  that  of  the  chair  or  chairs  of  instruction,  and  such 
students  will  enjoy  the  same  advantages  as  regular  students  of  pharmacy, 
except  that  they  will  not  be  eligible  to  the  degree  of  Graduate  in  Pharmacy. 


CLERKS  AND  STUDENTS. 

Drug  clerks  and  students  on  coming  to  the  city,  and  those  out  of  employ- 
ment here,  who  are  desirous  of  obtaining  situations,  may  call  on  the  Dean 
of  the  Faculty  and  register  their  names. 


UNIVERSITY  OF  CALIFORNIA.  183 


LIST     OF    GRADUATES. 


18-74. 
J.  P.  HEANY Thesis,  "Oreodaphne  Californica." 

18-75. 

ROBERT  C.  MEYERS "Sesame  Oil  and  its  Uses." 

THOMAS  D.  GRAHAM "Oxytropis  Campestris." 

GASTON  E.  BACON "Various  Analyses  of  Tincture  of  Opium." 

ADOLPH  J.  KAHN "Pharmaceutical  Education." 

F.  P.  MCLEAN "Analysis  of  Magnesites." 

1870. 

NATHAN  ROGERS "Sium  Latifolium." 

FREDERICK  E.  KAY "California  Opium." 

HENRY  R.  HARRIS "  Hydrocyanic  Acid." 

187-7. 

F.  C.  BAUER "Analysis  of  Well  Water." 

JOHN  DEVINE "  Seidlitz  Powders." 

JOHN  M.  CURRAGH "Damiana." 

EDWARD  SELZER "  Percolation  vs.  Maceration." 

1878. 

S.  A.  MCDONNELL "Dialyzed  Iron." 

EDWIN  W.  JOY "Fluid  Extracts  by  Re-percolation." 

C.  C.  MOORE _ "Analysis  of  Soil." 

W.  H.  MCLAUGHLIN "Eriodictyon  Glutinosum." 

ED.  S.  PARKER : "Aspidium  Argutum." 

W.  S.  HELKE «  Erythroxylon  Coca." 

J.  H.  ZEMANSKY "  Nicotiana  Tobacam." 

PHILLIP  WEISS .__"Leeches." 


184  REGISTER   OF  THE  UNIVERSITY. 


SUMMARY  OF  STUDENTS. 


SUMMARY. 

COLLEGES  OF  SCIENCE  AND  OF  LETTERS  (UNDERGRADUATE). 
Total 268 

COLLEGE  OF  LAW. 
Total  in  College 159 

COLLEGE  OF  MEDICINE. 
Total  in  College 50 

COLLEGE  OF  PHARMACY. 
Total  in  College 51 

Total 528 

Total  in  University 524 

Students  counted  twice__.  4 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


JUN  4    1957     R 


_8 

REC.C1R.  JAN  JO  '80 


CJ8.    MAY  1     1981 


LD  21-100m-6,'56 
(B9311slO)476 


General  Library 

University  of  California 

Berkeley 


w  V 


. 


